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EDIT: I have completely went off on the wrong thought path. As noted, despite reading the article and comments, somehow my mind got latched onto NDAs instead o
by WaitWaitWha 5y ago
EDIT: I have completely went off on the wrong thought path. As noted, despite reading the article and comments, somehow my mind got latched onto NDAs instead of NCAs. Sorry.
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I will be the contrarian.
For those who insist on no NDA, what prevents ex-employees from spilling secrets to be hired at a competitor?
I understand the concerns with NDAs. I was under one which limited my work in a radius, and within a very broad field. Imagine having to leave the country to practice in my field. The owner threatened me when I left (with tiny droplets of spittle on my face from his screaming). This kind of NDA is horrible.
That said, NDAs are there to protect a company from ex-employees sharing competitive knowledge about a product or service, damaging or even shuttering a the company.
I will ask you to sign an NDA if you want to work for me. You are not going to directly compete against me in a specific sub-industry, you are not taking my clients, and you are not poaching my employees for a reasonable period. This NDA is presented prior you taking the job. Not all NDAs are "out to get the little guy".
Maybe NDAs need some precedent cases where overly broad NDAs are struck down.
- lupire 5y agothe topic is NCA, not NDA.
- WaitWaitWha 5y agowell... That was painful. :D
- lupire 5y agoTo be fair, the OP made the same mistake.
- Avshalom 5y agoArguing for the status quo is not contrarian.
- Frost1x 5y agoIt's interesting how we celebrate that capitalism instills competition that leads to global improvement for everyone, yet we like to hand-pick the segments of capitalism where we want competition and the segments we don't want competition. An NDA is one case of this, as are non-compete agreements, and many behaviors within cartels, say when Apple et al conspired to not hire each others labor. Usually, this hand-picking is performed by those succeeding the most in the given system because they have resources and leverage to dictate such terms and force them on others, yet another anticompetitive behavior. The fact is that most people just celebrate capitalism when it benefits them and reject it when it doesn't. Personally, I think any such agreements should be illegal. If we had more labor unions where the labor force organized and created their own anticompetitive behaviors to counter balance the leverage of large capital holders, then I'd be far more sympathetic. Such is not the case and the labor force is on a near Darwinian level of competitiveness so I have no sympathy for any sort of anticompetitive behaviors from businesses. To be clear, I understand how this perspective blows up many business models, but it has also blown up the livelihoods of many of us in the labor force on this push to commoditize labor for the goodness of whatever. I say, why don't we commoditize these business secrets for the same unknown goodness? Why is it we keep picking and choosing who gets breaks on competition and who doesn't. Let the markets decide.
- deleted 5y ago[deleted]