Non-Disparagement Clause in Employment Contracts: Can It Silence You?

What This Clause Does

A non-disparagement clause restricts you from making negative public comments about the company, its executives, products, or services, even after you leave. This is typically mutual: the company agrees not to say negative things about you either. If it's one-sided in the company's favor, that's worth noting.

Check whether the clause covers truthful statements. Some overly broad versions effectively prevent you from giving honest reviews on sites like Glassdoor or warning others in your industry about a problematic employer.

Example Clause Pattern

"Employee agrees not to make any disparaging, negative, or derogatory statements, written or oral, to any third party about Company, its officers, directors, employees, products, or services. This obligation survives termination of employment."

What to Watch

• Clause is one-sided: applies to you but not to the employer
• Covers truthful statements, which could suppress legitimate reviews
• No carve-out for legal proceedings or government investigations
• No geographic or time limit on the obligation

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Found in These Contracts

This clause commonly appears in the following contract types:

Negotiation Strategies