Non-disparagement clauses are contractual provisions that prohibit individuals from making negative statements about a company, its products, or its leaders. Commonly included in severance agreements and settlement contracts, these clauses aim to protect the reputation and brand equity of an organization following a termination or legal dispute. Under recent NLRB rulings, the enforceability of broad non-disparagement language has been limited to ensure it does not infringe upon an employee's right to discuss labor conditions. These provisions are distinct from defamation laws, as they often cover truthful but critical opinions that would otherwise be legally protected.
