What Is a Non-Disparagement?

Plain-English Explanation

A non-disparagement clause is a part of some work agreements. It says that you agree not to say bad things about the company you work for. This includes not making negative comments about the company's products, services, or people working there.

The clause usually applies to both public and private statements. This means you shouldn't talk negatively about the company in public places like social media or in private conversations with friends or family.

Sometimes, the clause also means you can't say bad things about the company even after you leave the job. This can last for a certain period, like a year or more, depending on the agreement.

Why This Clause Exists

Companies use non-disparagement clauses to protect their reputation. They want to make sure that employees, who might know a lot about the company, don't share negative opinions that could harm the company's image.

This clause can also help keep the workplace positive. If employees are discouraged from speaking negatively, it might reduce gossip and conflict within the company.

Common Risks to Watch For

• The clause may be too broad, covering too many types of speech.
• It could apply for an unclear amount of time after leaving the job.
• There may be no clear definition of what counts as "disparagement."
• The clause might not allow for exceptions, like reporting illegal activities.
• It could be one-sided, only protecting the company and not the employee.

Example in Plain English

Imagine you work at a tech company and sign a contract with a non-disparagement clause. After leaving the job, you have a bad experience with one of their products. You want to post a negative review online, but the clause means you can't do that without risking a breach of your agreement. If you post the review, the company might take action against you because you agreed not to say bad things about them.

When This Clause Causes Issues

• When employees don't realize the clause applies after they leave the company.
• If someone makes a negative comment without knowing it counts as disparagement.
• When an employee wants to share honest feedback but feels restricted by the clause.

What to Do Before You Sign

• Ask whether the clause applies after you leave the job.
• Find out what exactly counts as "disparagement."
• Ask if there are any exceptions, like for reporting illegal activities.
• Check how long the clause stays in effect after employment ends.
• Inquire if the clause applies to both public and private statements.