Think Before You Speak: What You Can’t Say After Leaving a Job

You’ve closed a chapter. The late-night emails are gone. The pressure has lifted. But before you settle into your next opportunity, there’s a legal document sitting on your desk and it’s telling you to stay silent.

Non-disparagement clauses can limit what you say long after your final paycheck. They’re tucked into severance packages, non-disclosure agreements, and settlement agreements. And if you’re not careful, they could keep you from sharing what really happened. 

Our business transaction lawyers at Horn Wright, LLP, see these clauses all the time, especially when reputations, careers, or future deals hang in the balance. We help professionals understand these agreements before they agree to demand and take action if their former employer oversteps.

What Really Counts as Disparagement and Why It Could Cost You Big

Disparagement isn’t always dramatic. It could be something as simple as a negative comment about your boss’s management style or a joke about company culture.

These are the real-world consequences:

Losing severance.

Some agreements allow employers to revoke or reclaim your severance if you violate the clause, even once. That means one social media post, one review, or one offhand comment could cost you thousands of dollars. Employers often monitor online platforms or get notified through internal contacts, so it’s not worth assuming they’ll never find out.

Facing a lawsuit.

Breaching a non-disparagement clause can open the door to legal action. The company may sue for breach of contract, which means you’d have to defend yourself in court and possibly pay damages. Even if the lawsuit doesn’t succeed, the stress, time, and financial impact of litigation can be overwhelming. 

Being silenced by injunction.

In some cases, courts issue injunctions to prevent you from continuing to speak or write about your former employer. This can include removing social media posts or retracting statements you’ve already made. It’s a powerful legal tool your employer can use to maintain control of the narrative and it happens more often than people think. 

Not all these clauses hold up under scrutiny. The National Labor Relations Board has made it clear: employees can’t be stopped from talking about working conditions, wages, or union activity. If your clause crosses that line, it may be unenforceable.

And if your dispute ties into corporate transitions, you’ll want input from mergers and acquisitions lawyers who know how these provisions impact bigger business moves.

Mutual Non-Disparagement: A Fair Deal Works Both Ways

You’re told to stay silent but your old company can say whatever they want? That doesn’t sit right.

That’s why we push for mutual non-disparagement. If you’re agreeing not to speak negatively, they should too.

Here’s how to make the terms more balanced:

• Put both parties in writing. It’s not enough for the employer to say, “We won’t say anything bad about you.” You need a written clause that holds both sides accountable to the same standard. If the agreement only restricts you, it leaves the company free to damage your reputation without recourse.
• Name responsible individuals. Often, companies agree only to bind specific roles or people - like HR reps, executives, or your direct supervisor. This limits risk while ensuring that those in power can’t undermine you behind the scenes. If the agreement is vague about who’s included, you could still be vulnerable to internal gossip or damaging comments.
• Carve out legal disclosures. You should never be penalized for complying with the law. Your agreement should clearly state that nothing in the clause prevents you from cooperating with investigations, testifying under subpoena, or reporting misconduct to a government agency. Without these carve-outs, you risk violating the contract simply for doing the right thing.

This becomes especially important during restructuring or company sales. Our commercial contract attorneys in New York frequently help clients revise language to ensure reputational protection from both sides.

What You Say and Click Online Still Matters

What you say, or even click, online can carry legal consequences when you're bound by a non-disparagement clause.

Social media platforms, anonymous reviews, and job reference conversations all fall under the microscope, especially if your agreement uses broad language. A seemingly harmless “like” on a negative post about your former employer could be viewed as an endorsement, while anonymous reviews on sites like Glassdoor can often be traced back through timing, writing style, or metadata. 

Even during reference checks, subtle tone shifts or vague remarks from your former manager can walk the line between neutral and damaging, which may violate mutual clauses. 

If you're unsure whether a comment, post, or share could breach your agreement, take a moment before you publish or respond. In many cases, damage can be prevented with just a little foresight.

Overreaching Language? You Don’t Have to Accept It

Many people feel backed into a corner when handed a contract, but even signed agreements can be reviewed and, in some cases, challenged.

Here’s how to approach restrictive clauses:

• Read critically. Clauses that use sweeping terms like “in any form” or “for any reason” are red flags. They may attempt to restrict your communication indefinitely or apply to settings well beyond the workplace. Always ask: Is this language necessary, or is it designed to intimidate me?
• Ask a legal professional to review it. What sounds acceptable on paper may actually be unenforceable or overly broad. Trained local attorneys can spot gaps, clarify vague language, and identify where your rights are being limited unfairly. A quick review can prevent years of legal and personal headaches.
• Push for revisions. Contracts aren’t take-it-or-leave-it documents, especially if you're still in negotiation. If something doesn’t feel right, you’re allowed to ask for changes. A few well-placed edits can mean the difference between protecting your voice and signing away your right to speak freely.

If your non-disparagement clause appeared during a leadership change or business handover, you’ll want to talk with someone experienced in business sale and purchase agreements to ensure enforceability.

What If the Company Breaks the Clause?

Sometimes, even when you honor your end, the employer crosses the line. Maybe someone from the leadership team makes a damaging remark or word gets back to you that your name was brought up in a less-than-neutral tone.

If that happens:

• Collect evidence. Save messages, document conversations, and note dates. Time-stamped proof of who said what and when can be incredibly valuable if the issue escalates.
• Pursue financial recovery. If reputational harm results in lost income or opportunity, you may be entitled to compensation. Courts can award damages for both tangible and intangible harm, including emotional distress.
• Seek a court order. A judge can issue an injunction requiring the employer to stop making harmful statements. This can restore peace of mind and prevent further damage to your credibility. 

If their breach involves misconduct by leadership or board members, our team provides corporate governance legal advice in New York to help you navigate internal accountability.

Horn Wright, LLP, Helps You Protect What You’ve Built

Non-disparagement clauses carry real weight - impacting not just what you can say, but how your name travels with you.

At Horn Wright, LLP, we work closely with professionals, executives, and founders to interpret restrictive terms, request modifications, and enforce boundaries when needed. Whether you're facing a dispute, reviewing a severance package, or wrapping up a transition, we’re here to help you take steps forward.

Our business transaction lawyers in New York handle more than just corporate contracts. We help individuals protect their reputations, one agreement at a time.

Reach out today to schedule your complimentary case review with one of the country’s most trusted law firms.