What is the non-disparagement clause in my severance agreement — can it stop me from talking?
The short answer
A non-disparagement clause typically prohibits you from making negative or disparaging statements about the employer, its officers, or its products — in public, online, or to prospective employers. How broadly the clause is written determines how much it limits: some are narrow (no public criticism), others sweep in private conversations, social media, and even statements to recruiters. Many severance agreements also include a separate confidentiality-of-terms clause requiring you to keep the severance amount and conditions private — that is a distinct restriction from non-disparagement and operates differently. State rules vary on the scope of enforceable non-disparagement provisions. Scan your agreement to see what each clause says and what it covers before you sign.
What Dang reviews here: Dang reviews the clause language in your severance agreement — what the non-disparagement, confidentiality, release, and non-compete terms say and what to ask about them. It does not verify wage, hour, or leave compliance.
No account requiredFile deleted after analysisNot legal advice
What non-disparagement and confidentiality-of-terms clauses usually do
A non-disparagement clause restricts what you may say about the former employer — typically negative, disparaging, or derogatory statements about the company, its leadership, products, or services. The definition of "disparaging" is set by the clause's wording: a broad definition can reach honest but unflattering commentary; a narrow one may only prohibit false statements. The clause often specifies who it covers (just the employer, or officers and directors too) and what channels (public statements, social media, or all communication).
A confidentiality-of-terms clause is a separate provision requiring you to keep the existence and terms of the agreement — including the severance amount — private. These are often combined in a single section but are legally distinct. The confidentiality clause controls who you can tell about the deal; the non-disparagement clause controls what you can say about the employer. Both are worth reading separately. Some agreements include exceptions allowing disclosure to immediate family, financial advisors, or attorneys — worth checking whether yours does.
Why people worry
Workers worry about two distinct things: whether they can tell friends and family about the settlement (the confidentiality-of-terms concern), and whether they can post an honest review online or discuss their experience (the non-disparagement concern). The clause language answers both — and they are not always the same answer. Whether a clause is mutual — binding the employer as well — matters too, and is worth checking.
What to look for in your agreement
- The definition of "disparagement" — how broad it is and which channels it covers.
- Whether the clause is mutual: does the employer also agree not to disparage you?
- Any carve-outs: does the clause permit disclosure to family, attorneys, financial advisors, or government agencies?
- The confidentiality-of-terms clause — separate from non-disparagement — and what it permits you to say about the agreement itself.
- The duration: does the non-disparagement restriction last indefinitely or for a stated period?
Questions to ask before signing
- Ask the employer whether the non-disparagement clause is mutual — and if not, whether it can be made mutual.
- Ask the other party to clarify whether the clause permits you to discuss your experience with family or close advisors.
- Confirm whether posting an honest online review would fall within the clause's scope.
- Consider having both the non-disparagement and confidentiality-of-terms clauses reviewed if either seems unusually broad.
Why scan instead of guess
The general rule tells you the baseline. Your offer tells you what you’re actually being asked to sign — and the wording is what binds. Dang reads the document and flags the clauses worth reviewing, in plain English.
The deterministic engine scores and decides what’s risky. The AI only enriches the plain-English wording — AI extracts, code decides, never the other way around.
Your original file is deleted promptly after processing — we keep only the report you can read. No account needed for a one-time scan. Free preview first; full report $6.99, one-time.
Common questions
Can I tell my family about my severance deal?
It depends on what the confidentiality-of-terms clause says. Many agreements include carve-outs permitting disclosure to immediate family, attorneys, and financial advisors — but not all do. The clause's specific language is what controls.
Is a one-sided non-disparagement clause normal?
One-sided clauses — restricting only the employee, not the employer — are common in employer-drafted agreements. A mutual non-disparagement clause is a standard negotiation ask. State rules on the enforceability of overbroad non-disparagement provisions vary.
No account required · File deleted after analysis · Not legal advice. Dang reports contract findings in plain English — general information, not legal advice about your situation. For consequential decisions, consult a licensed attorney in your state.