Can my employer sue me for a negative Glassdoor review?

While an employer can file a lawsuit, they face significant hurdles. If the review is truthful or constitutes protected concerted activity under the NLRA, the employer will likely lose, and you may be protected by anti-SLAPP statutes.

What should I look for in my NDA to determine if it is overbroad?

Look for language that prohibits 'all negative comments,' 'any criticism,' or 'disparagement of the company's reputation.' These broad terms are often considered overbroad and legally unenforceable.

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Are non-disparagement clauses in an employment NDA enforceable if I want to post a negative Glassdoor review?

Q: Are non-disparagement clauses in an employment NDA enforceable if I want to post a negative Glassdoor review?

In the U.S., broad non-disparagement clauses that prevent employees from discussing working conditions are largely unenforceable under the National Labor Relations Act (NLRA). Recent NLRB rulings and state laws, such as California’s Silenced No More Act, further restrict an employer's ability to silence negative reviews.

Are non-disparagement clauses enforceable for Glassdoor reviews?

In the United States, broad non-disparagement clauses that prevent employees from discussing working conditions are largely unenforceable under the National Labor Relations Act (NLRA). Recent National Labor Relations Board (NLRB) rulings and state-specific legislation, such as California’s Silenced No More Act, significantly limit an employer's ability to legally silence negative reviews regarding employment experiences.

The NLRA and Protected Concerted Activity

The National Labor Relations Act is the primary federal shield for employees. Section 7 of the NLRA grants employees the right to engage in "concerted activity" for the purpose of collective bargaining or other mutual aid or protection. Posting a review on Glassdoor about pay, management, or working conditions is generally viewed as protected activity because it alerts current and prospective employees to the realities of the workplace.

When the NLRA Protects You

You are discussing wages, hours, or working conditions.
You are communicating with coworkers or the public about workplace grievances.
The review is not "maliciously false" or defamatory.

Key takeaway: If your review focuses on the "terms and conditions of employment," it is likely protected activity. An employer cannot use an NDA to waive your statutory rights under the NLRA.

Action Item: Before posting, ensure your review focuses on objective workplace conditions rather than personal attacks or fabricated claims.

State-Level Protections: Beyond Federal Law

Several states have enacted legislation that goes further than the NLRA in curbing restrictive NDAs. If you reside in one of these jurisdictions, your protection is significantly stronger.

State	Key Legislation	Impact on NDAs
California	Silenced No More Act (SB 331)	Prohibits NDAs from preventing disclosure of unlawful workplace acts.
Washington	Silenced No More Act	Restricts NDAs regarding harassment, discrimination, and wage theft.
Illinois	Workplace Transparency Act	Limits NDAs that prevent reporting of unlawful employment practices.

The Role of Anti-SLAPP Statutes

Many states have Strategic Lawsuits Against Public Participation (anti-SLAPP) laws. These laws allow you to file a motion to dismiss a lawsuit early if the employer sues you for exercising your right to free speech on a matter of public concern. If you win an anti-SLAPP motion, the employer is often required to pay your legal fees.

Action Item: Check if your state has an anti-SLAPP statute. If you are threatened with a lawsuit, mention this protection to your legal counsel immediately.

Red Flags in Your NDA

Not all non-disparagement clauses are created equal. When reviewing your contract, look for these specific red flags that suggest an overbroad and potentially unenforceable clause:

Absolute Language: Clauses that prohibit "any negative comment" or "any criticism whatsoever."
Lack of Carve-outs: The absence of language stating that the clause does not apply to protected activity under the NLRA or reporting to government agencies.
Indefinite Duration: NDAs that attempt to silence you for "perpetuity" are often viewed with skepticism by courts.
Broad Scope: Language that covers not just the company, but all "affiliates, officers, and agents" in a way that prevents you from discussing your own job duties.

Steps to Take Before Posting

Review the Contract: Identify the specific language of the non-disparagement clause.
Assess the Content: Ensure your review is factual and relates to working conditions. Avoid defamation (false statements of fact presented as truth).
Anonymity: While anonymity does not change the legality of the clause, it reduces the likelihood of an employer identifying you and initiating a dispute.
Consult Counsel: If you are concerned about a high-stakes NDA, have a local employment attorney review the specific text.

Key takeaway: Truth is an absolute defense against defamation. If your Glassdoor review is factual and relates to your employment experience, the risk of a successful lawsuit is drastically reduced.

Action Item: Use a tool like TermScore to automatically scan your NDA for overbroad non-disparagement language. TermScore highlights clauses that conflict with current NLRB standards and state-specific labor laws, giving you clarity on your rights before you hit 'publish' on any public platform.