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This question is about non disparagement clause.
Yes, non-disparagement clauses are enforceable in California, but there are limitations on what those clauses can cover. Of particular concern is the hiding of certain unlawful acts in the workplace with unenforceable non-disparagement clauses.
For instance, if an employee is being sexually harassed, a non-disparagement clause could theoretically prevent them from saying anything. But because sexual harassment is unlawful, the clause doesn't apply to this, and the employee is free to complain and start a lawsuit against that person.
And it's all unlawful acts that are not included in non-disparagement clauses, not just sexual harassment in California.

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