Non-Disparagement Clause

Medium Importance
EmploymentFreelance

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.

What This Looks Like in a Contract

"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."

Red Flags to Watch For

  • 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

Negotiation Strategies

Ensure the clause is mutual — it applies equally to the employer

Add a carve-out for truthful statements required in legal proceedings

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