Employment Law Questions? Ask an Employment Lawyer.
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A non disparagement agreement restricts individuals from taking any action that negatively impacts an organization, its reputation, products, services, management or employees. They are found in virtually all settlement agreements and about a quarter of executive employment agreements.And you ask a relevant question...can your frank conversations with the company impact your agreement?
Generally speaking, no. If the purpose of the conversations is to gather information of problems (or potential problems) within the company, that would not violate the agreement.
Still, I would demand they provide assurances, in writing, that your conversations will not impact your agreement. I would fully expect them to provide you such assurances.
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