Non-disparagement clause in my remote position's layoff severance agreement - Glassdoor review posted before signing
Background:
My location: Texas
Employer location: Colorado
I was employed remotely in Texas for a Colorado-based company. I was laid off on January 7, 2026 and received a severance agreement that same day. I posted a Glassdoor review on January 7 before signing anything. I signed the agreement on January 13, 2026, and per its own terms it does not become effective until after a 7-day revocation period following signing.
The agreement contains a mutual non-disparagement clause. HR emailed me claiming the review violates the agreement and requesting I remove it. I have not responded yet to the email.
My legal questions:
- Can a non-disparagement clause apply to content posted before the agreement was signed or took effect?
- Which state's law governs this given I worked remotely in Texas for a Colorado-based company? The agreement specifies Colorado law.
- Does the NLRA provide any independent protection for a review discussing working conditions, regardless of the severance agreement?
I would post the wording of the agreement but funnily enough a clause exists in it preventing me from sharing the terms of the agreement with anyone except for with family, etc, or legal counsel - which I'm guessing doesn't count here.
The Glassdoor review:
RATING: 1.0/5.0 ⭐
SUMMARY: Do not work here, management has jumped the shark.
POSITION: [REDACTED] - Former employee, more than 1 year
LOCATION: [REDACTED], CO
Recommend? X (no)
CEO approval? X (no)
Business Outlook? X (no)
REVIEW:
" Pros:
- A meager paycheck while the top floor rakes it in.
Cons:
- Overworked - Overly high expectations - Complete lack of moral compass among management -Constant promise of promotion and development followed by 'I know it's the quarter you were supposed to get a raise, but unfortunately your position is no longer in the budget and we have to revoke your access effective immediately.'
Advice to Management:
This company once focused on its employees and clients as its main metric. As soon as the new CEO, [REDACTED], joined after the sudden firings of the previous CEO along with two of the best bosses I've ever had back to back to back, being employed at [REDACTED] went from being a good thing to a thing of shame. This was conveniently timed along with a stronger involvement from [REDACTED], the private equity group that seized ownership of [REDACTED], all in the hopes of maximizing profits each and every quarter. Ditch the CEO and Private Equity management, and this company may be able to save itself from its greedy nature and return to caring well for its stakeholders and clients. "
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