Can I be sued for an honest review on Glassdoor?

While you can be sued for defamation if your statements are factually false, truthful reviews regarding working conditions are protected under Section 7 of the NLRA.

How do I know if my NDA is too broad?

If an NDA prohibits all negative comments about a company, regardless of truth or context, it is likely overbroad and potentially unenforceable under current labor board standards.

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 my employment NDA enforceable if I post an honest review on Glassdoor?

Q: Are non-disparagement clauses enforceable for Glassdoor reviews?

Generally, no. The NLRB and recent FTC guidance suggest that overly broad non-disparagement clauses that prevent employees from discussing working conditions are unenforceable. However, specific state laws and the nature of the content determine the legal risk.

Are non-disparagement clauses enforceable for Glassdoor reviews?

In most cases, non-disparagement clauses that broadly prohibit employees from posting honest reviews about working conditions are unenforceable. Under Section 7 of the National Labor Relations Act (NLRA), employees have a protected right to discuss their terms and conditions of employment, which includes public criticism of their employer.

Key takeaway: While you have broad protections, these rights do not cover defamatory statements. If your review contains knowingly false information, you may still face legal liability regardless of the NDA's enforceability.

The Legal Landscape: Why Broad NDAs Are Failing

The enforceability of non-disparagement clauses has shifted significantly due to rulings from the National Labor Relations Board (NLRB). In the 2023 McLaren Macomb decision, the NLRB ruled that severance agreements containing broad non-disparagement and confidentiality clauses are unlawful because they interfere with an employee's Section 7 rights.

Key Factors Influencing Enforceability

Scope of the Clause: Does the language prohibit all negative speech, or is it limited to trade secrets and proprietary information?
Protected Concerted Activity: Does the review relate to wages, hours, or working conditions? If yes, it is generally protected.
Truthfulness: Defamation law still applies. If you lie about specific facts, the NDA is irrelevant; you are liable for libel.
Jurisdiction: States like California (via the Silenced No More Act) have strictly limited the ability of employers to use NDAs to hide unlawful acts in the workplace.

Factor	Likely Protected	Likely Unprotected
Content	Working conditions, pay, management style	Trade secrets, proprietary code, client lists
Intent	Sharing experience with peers	Malicious intent to damage reputation via lies
Context	Public forum (Glassdoor)	Internal disclosure of confidential data

How to Evaluate Your Risk Before Posting

Before you hit submit on a Glassdoor review, perform a self-audit of your contract and your content. Follow this checklist to minimize your exposure:

Review the NDA Language: Look for phrases like "prohibits any negative comment" or "disparagement of any kind." These are often viewed as overbroad.
Stick to Facts: Avoid hyperbole. Instead of saying "The CEO is a criminal," say "The company failed to pay overtime for three consecutive months."
Focus on Working Conditions: Ensure your review centers on the employee experience, which is the core of Section 7 protection.
Check for Severability: Does your contract have a severability clause? If the non-disparagement clause is found illegal, it should not invalidate the entire employment agreement.

Key takeaway: If your review is strictly factual and relates to your employment experience, it is highly likely to be protected activity. Avoid personal attacks that do not relate to the workplace environment.

State-Specific Protections

While federal law provides a baseline, state laws offer additional layers of protection. For instance, California’s Silenced No More Act (SB 331) prohibits employers from requiring employees to sign agreements that prevent them from disclosing unlawful acts in the workplace. If your review concerns harassment, discrimination, or wage theft, these state laws often override any private NDA.

Actionable Steps for Employees

Document Everything: Keep records of the events you are describing in your review.
Consult Local Counsel: If you are concerned about a specific clause, a 30-minute consultation with an employment lawyer is a high-ROI investment.
Use Anonymity: While not a legal defense, using Glassdoor’s anonymous posting feature reduces the likelihood of a company identifying you and initiating a frivolous lawsuit.

How TermScore Simplifies Contract Analysis

Navigating the nuances of non-disparagement clauses is complex, but you don't have to do it alone. TermScore uses advanced AI to scan your employment agreements, flagging overbroad clauses and identifying language that may violate your rights under current labor laws. By uploading your contract to TermScore, you receive an instant, plain-English breakdown of your obligations, allowing you to understand exactly what you can and cannot say before you post your next review.