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"It forbids them, for the rest of their lives, from criticizing their former employer. Even acknowledging that the NDA exists is a violation of it." I find it
by Al-Khwarizmi 2y ago
"It forbids them, for the rest of their lives, from criticizing their former employer. Even acknowledging that the NDA exists is a violation of it."
I find it hard to understand that in a country that tends to take freedom of expression so seriously (and I say this unironically, American democracy may have flaws but that is definitely a strength) it can be legal to silence someone for the rest of their life.
- SXX 2y agoThis is not much worse than "forced arbitration". In US you can literally lose your rights by clicking on "Agree" button.
- borski 2y agoIt’s all about freedom from government tyranny and censorship. Freedom from corporate tyranny is another matter entirely, and generally relies on individuals being careful about what they agree to.
- bamboozled 2y agoAmerica values money just as much as it values freedom. If there is any chance the money collection activities will be disturbed, then heads will roll, violently. See the assassination attempts on president Jackson.
- deleted 2y ago[deleted]
- sleight42 2y agoAnd yet there was such a to-do about Twitter "censorship" that Elon made it is his mission to bring freedumb to Twitter. Though I suppose this is another corporate (really, plutocratic) tyranny.
- loceng 2y agoProblematic when fascism forms as recently has been evident by social media working with government to censor citizens; fascism being authoritarian politicians working with industrial complexes to benefit each other.
- DaSHacka 2y agoAs others have mentioned, its likely many parts of this NDA are non-enforceable Its quite common for companies to put tons of extremely restrictive terms in an NDA they can't actually legally enforce to scare off potential future ex-employees from creating a problem.
- fastball 2y agoI wouldn't say that is "quite common". If you throw a bunch of unenforceable clauses into an NDA/non-compete/whatever, that increases the likelihood of the whole thing being thrown out, which is not a can of worms most corporations want to open. So it is actually toeing a delicate balance most of the time, not a "let's throw everything we can into this legal agreement and see what sticks".
- tcbawo 2y ago> If you throw a bunch of unenforceable clauses into an NDA/non-compete/whatever, that increases the likelihood of the whole thing being thrown out I’m not sure that this is true. Any employment contract will have a partial invalidity/severability clause which will preserve the contract if individual clauses are unenforceable.
- hansvm 2y agoThe severability clause is itself on the table for being stricken, and it's much more likely to happen if too many of the wrong parts of the contract would otherwise invoke it.
- ryanmcgarvey 2y agoIn America you're free to sign or not sign terrible contracts in exchange for life altering amounts of money.
- sundalia 2y agoHow is it serious if money is the motor of freedom of speech? The suing culture in the US ensures freedom of speech up until you bother someone with money.
- sleight42 2y agoChange that to "bother someone with more money than you." Essentially your point. In the US, the wealthiest have most of the freedom. The rest of us, who can be sued/fired/blackballed, are, by degrees, merely serfs.
- danielmarkbruce 2y agoIn the US, anyone can sue. You can learn how. It's not rocket science.
- p1esk 2y agoYes, you can learn how to sue. You can learn how to be a doctor too. You can also learn rocket science. The third one is the easiest to me, personally.
- danielmarkbruce 2y agoIf you can learn rocket science in x years, you can learn how to sue in x days. So, do both.