Non-Disparagement Clause- A non-disparagement clause, typically contained in a separation or settlement agreement, states that an executive director cannot say anything bad about the employer even if the commentary is true.

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In the absence of, say, a confidentiality or non-disparagement clause in a contract, court orders prohibiting the making of true statements are rare indeed, generally considered a violation of the free-speech provision of the U.S. Constitution's First Amendment.

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If the terms of the employment contract condition severance payments on compliance with the non-disparagement clause or unequivocally state that a breach of the non-disparagement clause will result in a forfeiture of severance or other benefits- the clause is optimized if the payments or benefits paid out to the executive director are paid out over a period of time.

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Non-Disparagement and References : Severance agreements usually include a clause barring the employee from disparaging the former employer.

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