# How would you handle a situation about a former employer and a non-disparagement clause?

**URL:** <https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347>\
**Category:** In My Humble Opinion\
**Created:** [August 17, 2020, 9:18pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347 "2020-08-17T21:18:23Z")\
**Posts on this page:** 6\
**Page:** 2

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**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\
**Post date:** [August 18, 2020, 3:36pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347/21 "2020-08-18T15:36:26Z")

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“The best thing about working there is that they’ll pay you not to say bad stuff about them.”

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [August 18, 2020, 3:53pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347/22 "2020-08-18T15:53:03Z")

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> [@USCDiver](#):
>
> You do realize you disparaged them in the second sentence of your OP…

Who did **5Year** work for?

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**Author:** ![Dark\_Sponge](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dark_sponge/32/121_2.png) [@Dark\_Sponge](https://boards.straightdope.com/u/Dark_Sponge)\
**Post date:** [August 18, 2020, 4:02pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347/23 "2020-08-18T16:02:51Z")

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Can’t you state, “I would not choose to work there again,” and leave it at that? Is that considered disparagement?

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**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [August 18, 2020, 4:22pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347/24 "2020-08-18T16:22:34Z")

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I disparaged a company. Just not an identifiable one. I’m fairly certain that the company and I would have to be identifiable in order for this to be actionable!

For what it’s worth, I’m talking to her today, and will proceed with some version of, “Due to the details of my contract, I’m not able to discuss my experiences there openly with you,” and hopefully that gets the message across and fulfills my contractual duties.

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**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\
**Post date:** [August 18, 2020, 4:39pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347/25 "2020-08-18T16:39:48Z")

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> [@Fiveyearlurker](#):
>
> Just that there could be no specific disparagement in person or online.

If that’s the language, perhaps a phonecall or letter gets around it.

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**Author:** ![48Willys](https://avatars.discourse-cdn.com/v4/letter/4/db5fbb/32.png) [@48Willys](https://boards.straightdope.com/u/48Willys)\
**Post date:** [August 23, 2020, 11:55pm UTC](https://boards.straightdope.com/t/how-would-you-handle-a-situation-about-a-former-employer-and-a-non-disparagement-clause/918347/26 "2020-08-23T23:55:24Z")

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A letter? Oh heck no! Perhaps a phone call, but absolutely _nothing_ in writing.

I would go with some form of " I can not legally say anything bad about that company, but I am allowed to say good things". Then I would be very quiet.

If she is being very dense that day & asks for the good input, I would say “I do not recall any”.

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