Comment Power imbalance (Score 5, Interesting) 27
Non-disparagement should be unenforceable. Libel and slander are still laws, so if the person is damaging your reputation with lies there are existing ways to handle that.
The power imbalance between a corporation and an individual means that non-disparagement clause was signed under duress, and given the nature of the clause it should be one that isn't legally enforceable.