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OpenAI departures: Why can’t former employees talk?

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Re: OpenAI departures: Why can’t former employees talk?

#21
The only way I can see this being a valid contract is if the equity grant that they get to keep is a new grant offered the time of signing the exit contract. Any vested equity given as compensation for work could not then be offered again as consideration for signing a new agreement.

Maybe the agreement is "we will accelerate vesting of your unvested equity if you sign this new agreement"? If that's the case then it doesn't sound nearly so coercive to me.

Re: OpenAI departures: Why can’t former employees talk?

#22

Why have other companies not done the same? This seems legally tenuous to only now be attempted. Will we see burger flippers prevented from discussing the rat infestation at their previous workplace? (Don’t have X) - is there a timeline? Can I curse out the company on my deathbed, or would their lawyers have the legal right to try and clawback the equity from the estate?

i worked at McDonald's in the mid-late 00s, I'm pretty sure there was a clause about never saying anything negative about them. i think they were a great employer!

Re: OpenAI departures: Why can’t former employees talk?

#25

Not a lawyer but those contracts aren't legal. You need something called "consideration" ie something new of value to be legal. They can't just take away something of value that was already agreed upon. However they could add this to new employee contracts.

"Legal" seems like a fuzzy line to OpenAI's leadership.

Pushing unenforceable scare-copy to get employees to self-censor sounds on-brand.

Re: OpenAI departures: Why can’t former employees talk?

#26

Is this a legally enforceable suppression of free speech? If so, are there ways to be open about OpenAI, without triggering punitive action?

you could praise them for the opposite of what you mean to say, and include a copy of the clause in between each paragraph.

Re: OpenAI departures: Why can’t former employees talk?

#27
post #21

The only way I can see this being a valid contract is if the equity grant that they get to keep is a new grant offered the time of signing the exit contract. Any vested equity given as compensation for work could not then be offered again as consideration for signing a new agreement. Maybe the agreement is "we will accelerate vesting of your unvested equity if you sign this new agreement"? If that's the case then it…

It's not. The earlier tweets explain: the initial agreement says the employee must sign a "general release" or forfeit the equity, and then the general release they are asked to sign includes a lifetime no-criticism clause.

Re: OpenAI departures: Why can’t former employees talk?

#28

Well that's not worrying. /s I am curious how long it will take for Sam to go from being perceived as a hero to a villain and then on to supervillain. Even if they had a massive, successful and public safety team, and got alignment right (which I am highly doubtful about being possible) it is still going to happen as massive portions of white collar workers loose their jobs. Mass protests are coming and he will be an…

> I am curious how long it will take for Sam to go from being perceived as a hero to a villain and then on to supervillain.

He's already perceived by some as a bit of a scoundrel, if not yet a villain, because of World Coin. I bet he'll hit supervillain status right around the time that ChatGPT BattleBots storm Europe.

Re: OpenAI departures: Why can’t former employees talk?

#29

Is this a legally enforceable suppression of free speech? If so, are there ways to be open about OpenAI, without triggering punitive action?

OpenAI is not the government. Yet.

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