Can an employer sue me for a negative Glassdoor review?

While an employer can file a lawsuit, they face significant hurdles. Truth is an absolute defense against defamation, and many jurisdictions have anti-SLAPP statutes that allow you to recover legal fees if the suit is deemed a strategic attempt to silence protected speech.

What makes a non-disparagement clause illegal?

A clause is likely illegal if it prohibits employees from discussing wages, hours, or working conditions, or if it prevents them from participating in government investigations or filing administrative charges.

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 employment NDAs enforceable against honest Glassdoor or LinkedIn reviews?

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

Generally, no. Under the National Labor Relations Act (NLRA) and recent NLRB rulings, overly broad non-disparagement clauses that restrict employees from discussing working conditions are unenforceable. Honest reviews on platforms like Glassdoor are typically protected as concerted activity.

Are non-disparagement clauses enforceable against honest reviews?

In most cases, non-disparagement clauses are unenforceable when applied to honest reviews about working conditions. The National Labor Relations Board (NLRB) has established that employees have a protected right to discuss their employment terms, and broad gag orders that prevent such speech violate Section 7 of the National Labor Relations Act (NLRA).

The Legal Landscape: Why Broad Clauses Fail

For decades, employers inserted "catch-all" non-disparagement clauses into separation and employment agreements. However, the 2023 NLRB decision in McLaren Macomb fundamentally shifted the power dynamic. The Board ruled that offering an agreement with overly broad non-disparagement provisions is, in itself, a violation of the NLRA because it coerces employees into waiving their statutory rights.

Protected Concerted Activity

Under the NLRA, "concerted activity" includes discussions among employees regarding their wages, hours, and working conditions. Posting a review on Glassdoor or LinkedIn regarding your experience is often viewed as an extension of this protected activity. If your review focuses on management practices, pay transparency, or workplace culture, it is likely shielded from contractual restriction.

Key takeaway: If your contract prohibits you from making any "negative statements" about the company, it is likely overbroad and legally unenforceable under current NLRB standards.

Action Item: Review your separation agreement for a "carve-out" clause. If the agreement does not explicitly state that it does not restrict your rights under the NLRA, it may be legally deficient.

Defamation vs. Disparagement: The Critical Distinction

It is vital to distinguish between "disparagement" and "defamation." Disparagement is a contractual concept; defamation is a tort. Even if a non-disparagement clause is unenforceable, you are still subject to defamation laws.

Feature	Disparagement (Contractual)	Defamation (Tort)
Basis	Breach of Contract	False Statement of Fact
Truth Defense	Irrelevant (usually)	Absolute Defense
Standard	Subjective "Negative"	Objective Falsehood
Remedy	Damages/Injunction	Damages/Reputation Repair

The Truth Defense

If you post a review on Glassdoor, the most effective shield is the truth. Defamation requires the plaintiff to prove that you made a false statement of fact that caused them harm. If your review is based on documented experiences, it is not defamatory, regardless of what your NDA says.

Action Item: Keep a "paper trail" of your workplace experiences. If you intend to post a review, ensure your claims are supported by emails, performance reviews, or pay stubs to establish the factual basis of your statements.

Jurisdictional Protections and Anti-SLAPP Laws

Beyond federal labor law, many states have enacted Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes. These laws are designed to prevent companies from using the legal system to bully former employees into silence.

California: Offers robust protections against lawsuits targeting protected speech.
New York: Recently expanded its anti-SLAPP law to cover a wider range of public interest communications.
Texas: Provides for the immediate dismissal of lawsuits that infringe on the right to petition or free speech.

If an employer sues you for a review, an anti-SLAPP motion can force the company to pay your legal fees if they cannot prove their case has a high probability of success.

Checklist: Is Your Review Protected?

Is the content factual? Stick to objective observations rather than hyperbolic insults.
Does it relate to working conditions? Discussions about pay, safety, and management style are highly protected.
Is it a matter of public interest? Reviews that warn other potential employees about systemic issues are generally viewed favorably by courts.
Does the contract have a savings clause? Look for language that says "Nothing in this agreement shall limit the employee's rights under the NLRA."

Key takeaway: Never sign an agreement that lacks a specific carve-out for your rights to participate in government investigations or discuss working conditions.

Action Item: Before signing any severance or separation agreement, use a tool like TermScore to flag non-disparagement clauses that lack the necessary legal carve-outs required by the NLRB.

How TermScore Protects You

Navigating the fine print of employment contracts is difficult, but you don't have to do it alone. TermScore uses advanced AI to instantly analyze your contracts, identifying overbroad non-disparagement clauses and other restrictive covenants that may be unenforceable. By highlighting these "red flag" provisions, TermScore empowers you to negotiate with confidence and ensure your rights remain protected.