Can We Legally Prevent Employees from Posting Negative Reviews After Leaving?

I am working with one of the Facility Management Companies in Mumbai. Due to some past incidents, management wants to add/incorporate a clause to the appointment letter which states that any employee, during their tenure or even after leaving the organization, cannot write/post any bad/negative reviews about the company, management, or any employee on any social forums/sites.

Can we legally stop negative reviews?

My question is, can we stop someone from doing such things? Can this be added to an agreement/appointment letter, as this is something that is not within our control, and we can't prevent someone from expressing their views/experience after leaving the organization?

Restrictive Clauses in Employment Contracts

You have given the answer yourself in the last part of your post. It may be reasonable to include such a restrictive clause in the contract of employment or appointment orders, prohibiting employees from posting negative remarks or bad reviews about the company or management on social media during their tenure. Once an employee leaves an organization, the contract of employment comes to an end, and you cannot control their freedom of expression anymore. If anyone indulges in such an exercise post-employment, they are liable to the risk of being found guilty of libel if their views or posts are false and made with the intention to defame the company or management.

Preventing Negative Remarks

There is no smoke without fire. Why don't you think about preventing such mishaps by treating your employees well instead of introducing such negative covenants as a measure of threat?

The Importance of Accepting Feedback

This is not the right approach. Great leaders and strong management must know how to create a healthy work environment and handle grievances. It's the choice of employees or ex-employees to share the exact feedback of the company they have worked for. This may help the company to build a strong culture where needed. Also, it's a signal to outsiders that if the culture doesn't fit, they won't join.

So, rather than adding the clause that you have mentioned, please try to work on improving the areas that need attention. Please accept feedback, good or bad; it will help both the individual and the company. By adding the clause that you have mentioned, I don't think you will encourage honest feedback from your employees on anything about your company, which doesn't work in favor of the company. Feedback is good, even if it is bad.

Regards,
Thiyagu

This is in addition to what previous learned members have written. Those who upload negative remarks about the company often do so while concealing their identity. Negative remarks about the company are given not only by past employees but also by current employees on forums like mouthshut.com. Therefore, if your past employees do the same, how will you catch them?

Secondly, there are negative remarks against companies like Infosys or Wipro as well. Despite these remarks, they have grown and continue to grow. So, why are you so concerned about the negative remarks?

Thiyagu has written about improving the quality of the administration by taking feedback, etc. You may work on these suggestions.

Thanks,

Dinesh Divekar

Treat employees well and fairly. Then, few will exit, and fewer still will write adversely about the company. The company cannot stop ex-employees from commenting on what they feel about the company in various forums. Laws of defamation are there to shield the company if wrong reports are given about the company.

Dear Anony,

A deeper insight has been shared by learned contributors above. It's true that almost all of the negative reviews posted on social media are anonymous, just like your query.

In my opinion, these clauses work in a reverse (psychology) manner; this way you are telling employees that they can also post reviews online upon quitting. Good or bad, they will choose by themselves based on their sentiments for the organization.

Regards,
Rahul Chhabra

The Clause on Negative Reviews

The idea to insert the clause "any employee during tenure or even after leaving the organization cannot write/post any bad/negative reviews about the company/management/any employee on any social forums/sites" is a good idea. But I do not think this clause would help you in any manner. The employee can be held guilty for this type of action (misconduct) while in employment.

What will you do if someone comes with bad postings against your company/management using all types of media but with solid proof against their claim? This gives an impression that everything in your company is not in order. The very nature of the situation commands you to take defense under such a clause. You may think it can be good, but it may prove futile when the claims are true.

Instead of going for defense, try to eliminate the potholes that you all know are existing.