Does the NLRB protect my right to post on Glassdoor?

Yes. The National Labor Relations Board (NLRB) considers discussions regarding wages, hours, and working conditions to be 'concerted activity' protected under Section 7 of the NLRA, even for non-unionized employees.

Can an employer sue me for a negative review?

While an employer can technically file a lawsuit, they face significant legal hurdles. Truth is an absolute defense against defamation, and many jurisdictions now have anti-SLAPP laws that allow you to quickly dismiss meritless lawsuits designed to silence public participation.

A TermScore is an AI-generated risk rating from 0 to 100 that evaluates the fairness and risk level of any legal document. A score of 86-100 means the contract is highly favorable, while 0-30 indicates dangerous terms you should walk away from.

What types of documents can TermScore analyze?

TermScore analyzes any legal document including freelance contracts, employment agreements, residential leases, NDAs, brand sponsorship deals, SaaS vendor agreements, and rental applications. Upload PDFs, Word documents, or images.

How much does TermScore cost?

TermScore offers a free plan with 3 scores per month. The Team plan is $15/month for 30 scores, and the Professional plan is $50/month for 500 scores with team collaboration features.

Is my document data secure?

Yes. Documents are processed in memory and analysis results are stored encrypted. TermScore never shares your document data with third parties and you can delete your data at any time from your dashboard.

Are non-disparagement clauses in an employment NDA enforceable against honest glassdoor reviews?

Q: Are non-disparagement clauses enforceable against honest Glassdoor reviews?

Generally, no. Under the National Labor Relations Act (NLRA), employees have a protected right to discuss working conditions. Recent NLRB rulings and state laws, such as California’s Silenced No More Act, render overly broad non-disparagement clauses unenforceable when they restrict truthful speech about workplace issues.

Are non-disparagement clauses enforceable against honest Glassdoor reviews?

In most cases, non-disparagement clauses are not enforceable against honest Glassdoor reviews. Under Section 7 of the National Labor Relations Act (NLRA), employees have a federally protected right to engage in 'concerted activity' regarding working conditions. Broad clauses that attempt to silence truthful feedback are increasingly viewed as unlawful by the NLRB.

The Legal Landscape: Why Clauses Often Fail

The enforceability of a non-disparagement clause hinges on whether it interferes with your rights under the NLRA. The NLRB has consistently held that employers cannot use severance or employment agreements to strip employees of their rights to discuss their workplace.

The NLRB's Stance on Overbroad Language

In 2023, the NLRB issued a landmark decision (McLaren Macomb) clarifying that offering severance agreements with overly broad non-disparagement and confidentiality provisions is unlawful. If a clause is so broad that it could be interpreted as prohibiting an employee from discussing their employment experience, it is likely unenforceable.

Protected Activity: Discussions about pay, safety, management, and workplace culture.
Unprotected Activity: Maliciously false statements made with knowledge of their falsity or reckless disregard for the truth.
The Test: Does the clause have a 'chilling effect' on an employee's right to engage in protected concerted activity?

Key takeaway: If your NDA prevents you from discussing 'any aspect of your employment,' it is likely overbroad and legally vulnerable under current NLRB standards.

Action Item: Review your contract for specific carve-outs. If the clause lacks language protecting your right to engage in legally protected activity, it may be invalid.

State-Level Protections

Beyond federal law, several states have enacted legislation specifically targeting the misuse of NDAs to hide workplace misconduct.

State	Key Legislation	Impact
California	Silenced No More Act	Prohibits NDAs from restricting disclosure of unlawful workplace acts.
Washington	Silenced No More Act	Limits NDAs regarding harassment and discrimination.
New York	NY Labor Law 194-a	Restricts NDAs in settlement agreements involving discrimination.

These laws ensure that even if a contract is signed, it cannot override public policy regarding the reporting of illegal or unethical behavior.

Defamation vs. Honest Opinion

Employers often threaten defamation lawsuits to intimidate former employees. However, winning a defamation case is difficult for an employer because they must prove the statement is objectively false and caused actual financial damage.

The Three Pillars of Defamation Defense

Truth: If your Glassdoor review is factually accurate, it is not defamation.
Opinion: Statements of opinion (e.g., 'The management style is chaotic') are generally protected speech.
Anti-SLAPP Laws: Many states have 'Strategic Lawsuits Against Public Participation' (SLAPP) laws. These allow you to file a motion to dismiss a lawsuit immediately if it is intended to chill your free speech.

Action Item: If you are threatened with a lawsuit, document the factual basis for every claim made in your review. Keep records of emails, meeting notes, or policy documents that support your statements.

Assessing Your Risk

Not all clauses are created equal. Use this checklist to evaluate your specific risk level:

Narrow Scope: Does the clause only prohibit disclosing trade secrets or proprietary data? This is likely enforceable.
Broad Scope: Does it prohibit 'any negative comments' about the company? This is likely unenforceable.
Severability Clause: Does your contract have a clause stating that if one part is found illegal, the rest remains in effect? This prevents the entire contract from being voided.

Key takeaway: Never assume a contract is 100% enforceable just because you signed it. Courts frequently strike down clauses that violate public policy or federal labor law.

How TermScore Can Help

Analyzing complex employment agreements for hidden traps can be overwhelming. TermScore uses advanced AI to scan your contracts, identifying overbroad non-disparagement clauses and flagging language that may conflict with your rights under the NLRA or state-specific labor laws. By providing an instant risk assessment, TermScore empowers you to understand your legal standing before you post or sign.