Live data from Hacker News

OpenAI departures: Why can’t former employees talk?

vox.com

41–50 of 1001 posts

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

#41
I refused to sign all these secrecy non-disclosure contracts years ago. You know what? It was the right decision. Even though, as a result, my current economic condition is what most would describe as 'disastrous', at least my mind is my own. All your classified BS, it's not so much. Any competent thinker could have figured it out on their own.

Fucking monkeys.

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

#42

Earlier quoted context omitted.

OpenAI is not the government. Yet.

What do I do with this information?

Anti frame is saying that free speech guarantee in Constitution only applies to the relationship between the government and the citizens, not between private entities.

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

#44

Earlier quoted context omitted.

OpenAI is not the government. Yet.

What do I do with this information?

In the US, the Constitution prevents the government from regulating your speech.

It does not prevent you from entering into contracts with other private entities, like your company, about what THEY allow you to say or not. In this case there might be other laws about whether a company can unilaterally force that on you after the fact, but that's not a free speech consideration, just a contract dispute.

See https://www.themuse.com/advice/non-disparagement-clause-agre...

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

#45

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

I believe a better solution to this would be to spread the following sentiment: "Since it's already illegal to tell disparaging lies, the mere existence of such a clause implies some disparaging truths to which the party is aware." Always assuming the worst around hidden information provides a strong incentive to be transparent.

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

#46
post #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!

Sorry, someone at corporate has interpreted this statement as criticism. Please give back all equity, or an amount equivalent to its current value.

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

#48
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.

But a general release is not a non-criticism clause.

They're not required to sign anything other than a general release of liability when they leave to preserve their rights. They don't have to sign a non-disparagement clause.

But they'd need a very good lawyer to be confident at that time.

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

#49
post #38

What if I sell my equity? Can I criticize them then?

()

Doesn't it end up being a "no disparagement until the company goes public" clause, then? Once you sell the stock, are they going to come after you for the proceeds if you say something mean 20 years later?

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

#50
post #31

Earlier quoted context omitted.

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.

IOW, this is burying the illegal part in a tangential document, in hopes of avoiding legal scrutiny and/or judgement. They're really lending employees equity, subject to the company's later feelings as to whether the employee should be allowed to keep or sell it.

[deleted]
Post reply on HN