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Non-Disparagement Clauses in Texas: What You Need to Know Before You Sign

If you’ve been asked to sign a severance agreement, employment contract, or settlement, chances are you’ve seen a non-disparagement clause. These clauses are often tucked into the fine print—but they can have big consequences for what you can say about your former employer.

So, what exactly is a non-disparagement clause? And how do these provisions affect your rights in Texas?

In this blog, we’ll break down what non-disparagement clauses mean, where they appear, whether they’re enforceable in Texas, and how a lawyer can help you negotiate fairer terms.

What Is a Non-Disparagement Clause?

A non-disparagement clause is a contractual provision that prevents you from making negative or critical statements about your employer, former employer, or their employees, products, services, or reputation.

These clauses typically appear in:

• Severance agreements
  
  
• Employment contracts
  
  
• Settlement agreements
  
  
• NDA (non-disclosure) documents
  
  

They’re often mutual—meaning the company agrees not to disparage you either—but that’s not always the case.

📌 In practice, these clauses limit your ability to post negative reviews, speak publicly about your experience, or even share truthful but critical information.

What Does “Disparagement” Mean Legally?

In legal terms, disparagement includes:

• Negative statements that could harm someone’s business or reputation
  
  
• Public comments, emails, or social media posts that criticize an employer or co-worker
  
  
• Statements made to third parties (future employers, industry contacts, media, etc.)
  
  

Important: Disparagement doesn’t have to be false. Even truthful negative statements can violate the clause—unlike defamation, which requires a falsehood.

Where Are Non-Disparagement Clauses Most Common?

You’ll most often see these clauses in:

✅ Severance Agreements

Employers use them to ensure departing employees won’t speak negatively after taking a severance package.

✅ Executive Employment Contracts

High-level professionals may be asked to protect the company’s public image, even post-employment.

✅ Settlement Agreements

When lawsuits are resolved, both parties may agree to remain silent about the dispute or its terms.

Are Non-Disparagement Clauses Enforceable in Texas?

Yes—but they must be clear, specific, and not overly broad. Texas courts generally uphold non-disparagement clauses, but they may:

• Strike down vague or overly restrictive language
  
  
• Limit enforcement if the clause interferes with free speech rights or legal reporting requirements
  
  
• Exclude statements made to government agencies or in legal proceedings
  
  

⚠️ As of 2023, federal law (via the National Labor Relations Board) has also taken a stricter stance on these clauses when applied to non-supervisory employees.

What Can Go Wrong If You Sign One?

Signing a non-disparagement clause without understanding it could:

• Prevent you from warning others about a toxic or discriminatory workplace
  
  
• Limit your ability to speak about your experience publicly or to future employers
  
  
• Lead to legal action if you post negative reviews or comments
  
  
• Forfeit important whistleblower protections if not properly worded
  
  

In some cases, violating the clause could result in:

• A lawsuit
  
  
• Loss of severance payments
  
  
• Reimbursement of legal fees
  
  

Can You Negotiate a Non-Disparagement Clause?

Absolutely—and in many cases, you should. A lawyer can help you:

• Narrow the scope of the clause (e.g., limit it to intentional or malicious statements)
  
  
• Ensure the clause is mutual (both you and the employer agree not to disparage each other)
  
  
• Add exceptions for legal reporting, whistleblowing, or future employment disclosures
  
  
• Remove the clause entirely (especially in smaller severance agreements)
  
  

📞 Negotiating your agreement before signing is often your only chance to change the terms.

Alternatives and Exceptions to Non-Disparagement Clauses

When reviewing or negotiating the clause, make sure it does not prevent you from:

• Reporting illegal or unethical conduct to authorities (EEOC, OSHA, etc.)
  
  
• Participating in government investigations
  
  
• Filing or assisting in a legal claim
  
  
• Giving truthful answers in reference checks or legal proceedings
  
  

A well-drafted clause should not interfere with your legal rights—and if it does, it may not be enforceable.

How a Texas Employment Lawyer Can Help

At The Lange Firm, we regularly help employees in Texas:

• Review severance and employment agreements
  
  
• Explain what non-disparagement clauses mean in plain English
  
  
• Identify unfair or risky language in contracts
  
  
• Negotiate better severance terms
  
  
• Protect your right to speak up if wrongdoing occurred
  
  

We’ll make sure you don’t sign away your voice or your legal protections.

📞 Contact us today for a confidential agreement review or severance consultation.

Final Thoughts

Non-disparagement clauses may seem like harmless boilerplate—but they can seriously limit your freedom to speak out about your experience. If you’re being asked to sign one, it’s essential to understand what you’re agreeing to and to get legal advice before you commit.

✅ Don’t sign away your voice. Talk to a lawyer and protect your future.