Does the NLRB decision in McLaren Macomb apply to all employees?

The McLaren Macomb decision primarily applies to employees covered by the NLRA, which excludes supervisors, managers, and independent contractors. However, many states have enacted their own anti-SLAPP laws that provide broader protections against retaliatory lawsuits.

Can an employer sue me for a negative Glassdoor review?

While an employer can technically file a lawsuit, they face significant hurdles. If the review is truthful, it is protected speech. If the employer uses a non-disparagement clause to silence you, they may face unfair labor practice charges from the NLRB.

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 negative Glassdoor reviews?

Generally, no. Under the National Labor Relations Act (NLRA), employees have a protected right to discuss working conditions. Recent National Labor Relations Board (NLRB) rulings confirm that overly broad non-disparagement clauses that chill this right are unlawful, making them largely unenforceable against honest reviews of employment conditions.

The Legal Landscape: Why NDAs Are Losing Their Teeth

For years, employers used broad non-disparagement clauses in severance agreements and NDAs to prevent former employees from posting negative reviews on platforms like Glassdoor or Indeed. However, the legal tide has shifted significantly in favor of employee speech.

The NLRB's Stance on Protected Concerted Activity

The National Labor Relations Board (NLRB) maintains that employees have the right to engage in "protected concerted activity" under Section 7 of the NLRA. This includes discussing wages, hours, and working conditions with coworkers or the public. When an NDA prohibits an employee from making "disparaging" remarks, it often conflicts with these federal protections.

Key takeaway: If a non-disparagement clause is so broad that it prevents you from discussing your working conditions, it is likely unenforceable under federal law, regardless of what the contract says.

The Impact of McLaren Macomb

In the 2023 McLaren Macomb decision, the NLRB ruled that offering employees severance agreements with overly broad non-disparagement and non-disclosure provisions violates the NLRA. The Board clarified that even offering such an agreement is a violation, as it coerces employees into waiving their statutory rights.

Criteria for Enforceability

Not all speech is protected. Courts distinguish between "protected concerted activity" and "defamation." Use this table to understand the difference:

Type of Speech	Legal Status	Risk Level
Truthful review of working conditions	Protected	Low
Discussion of pay/benefits	Protected	Low
Malicious, knowingly false statements	Defamation	High
Disclosure of trade secrets	Breach of Contract	High

What Makes a Clause "Overly Broad"?

An enforceable clause must be narrowly tailored. If your NDA contains the following, it is likely legally suspect:

A total ban on all negative comments about the company, regardless of context.
A requirement to keep the existence of the agreement itself confidential.
A prohibition on discussing the company's management or internal culture.
No "carve-outs" for legally protected speech or whistleblowing.

Action item: Review your contract for a "savings clause"—a sentence that states nothing in the agreement prevents you from exercising your rights under the NLRA. If this is missing, the clause is more likely to be found unlawful.

State-Level Protections and Anti-SLAPP Laws

Beyond federal law, many states have enacted Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes. These laws are designed to prevent companies from using the court system to silence critics.

Identify your jurisdiction: States like California, New York, and Washington have robust anti-SLAPP protections.
Evaluate the "Public Interest" test: If your review touches on matters of public interest (e.g., discriminatory hiring practices, safety violations), you are afforded higher levels of protection.
Fee-shifting provisions: In many anti-SLAPP states, if an employer sues you for a review and loses, they may be required to pay your legal fees.

How to Protect Yourself When Posting Reviews

While the law is on your side, you should still exercise caution to avoid unnecessary litigation. Follow these best practices:

Stick to the facts: Focus on objective experiences (e.g., "I was not paid for overtime") rather than subjective insults (e.g., "The CEO is a terrible person").
Avoid confidential data: Never include proprietary information, client lists, or trade secrets in your review.
Document everything: Keep records of the working conditions you are describing in case you need to prove the truth of your statements.
Use a disclaimer: While not a legal shield, stating "This review reflects my personal experience and opinion" helps clarify that you are not speaking on behalf of the company.

Key takeaway: Truth is an absolute defense against defamation. If your review is factually accurate and relates to your employment experience, the risk of a successful lawsuit is minimal.

Analyzing Your Risks with TermScore

Navigating the fine print of employment contracts can be daunting, especially when your right to speak out is at stake. TermScore uses advanced AI to instantly analyze your NDAs and severance agreements, flagging overly broad non-disparagement clauses that may violate current NLRB standards. Before you sign or speak, let TermScore provide the clarity you need to understand your rights and risks.