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Legal issues aside, if a contractor does this and actually uploads confidential code from previous jobs, what's to say that they won't then upload OpenAIs secre

Legal issues aside, if a contractor does this and actually uploads confidential code from previous jobs, what's to say that they won't then upload OpenAIs secret code for future jobs after OpenAI? Sounds a lot like they're shooting themselves in the foot with this requirement.

arter45 9mo ago
I’ve just asked that to ChatGPT and this is the exact answer it gave :) Ironic, isn’t it? Would you ask a prospective employee to send you code they wrote in their previous company? Short answer: *no, I wouldn’t—and it’s generally a bad idea to ask.* Here’s why, and what to do instead. --- ## Why you shouldn’t ask for code from a previous employer 1. *Legal and contractual issues* Most employment contracts assign ownership of code to the company. Asking for it puts the candidate at risk of violating: * IP assignment clauses * NDAs * Trade secret laws 2. *Ethical red flag* A candidate who does share proprietary code is signaling that they might do the same to your company later. 3. *Biased signal* Some candidates (especially senior or well-trained ones) will refuse on principle. You’d be selecting for the wrong behavior. 4. *Low signal-to-noise ratio* Real-world code is often: * Highly contextual * Entangled with proprietary systems * Hard to evaluate without full context --- ## What to ask for instead (better options) ### 1. *Open-source contributions* Ask for: * GitHub / GitLab profiles * Public PRs or issues * Personal projects This shows real-world collaboration without IP risk. ### 2. *A take-home or live exercise* Design something that: * Can be completed in a few hours * Mirrors the work they’ll actually do * Is clearly stated as theirs to own Bonus: allow them to explain tradeoffs rather than just write code. ### 3. *Code walkthrough (descriptive, not shared)* Ask them to: * Describe a complex system they built * Explain architecture, tradeoffs, and failures * Talk through how they’d improve it today This is often more revealing than code. ### 4. *Pair programming / problem discussion* Observe: * How they reason * How they ask questions * How they handle ambiguity --- ## When it might be acceptable Only if *all* of the following are true: * The code is explicitly non-proprietary * The candidate confirms they own the rights * It’s already public (e.g., open source) Even then, I’d still be cautious. --- ## Bottom line > *If a candidate shares proprietary code, that’s not a plus—it’s a liability.* Strong hiring processes test: * Judgment * Reasoning * Communication * Craft —not their willingness to break an NDA. If you want, tell me: * The role (junior/senior, IC/lead) * The domain (backend, ML, frontend, systems) …and I can help you design a fair, high-signal interview process.
- jacquesm 9mo ago
  Please don't. Thank you.
  - arter45 9mo ago
    I intentionally asked ChatGPT not because this is what I always do, but specifically to highlight that even ChatGPT itself (artificial "intelligence") knows better than what its own company actually does. I would never ask this of any employee (not that I have this power where I work), for both ethical and legal reasons.

arter45 9mo ago

I’ve just asked that to ChatGPT and this is the exact answer it gave :) Ironic, isn’t it? Would you ask a prospective employee to send you code they wrote in their previous company? Short answer: *no, I wouldn’t—and it’s generally a bad idea to ask.* Here’s why, and what to do instead. --- ## Why you shouldn’t ask for code from a previous employer 1. *Legal and contractual issues* Most employment contracts assign ownership of code to the company. Asking for it puts the candidate at risk of violating: * IP assignment clauses * NDAs * Trade secret laws 2. *Ethical red flag* A candidate who does share proprietary code is signaling that they might do the same to your company later. 3. *Biased signal* Some candidates (especially senior or well-trained ones) will refuse on principle. You’d be selecting for the wrong behavior. 4. *Low signal-to-noise ratio* Real-world code is often: * Highly contextual * Entangled with proprietary systems * Hard to evaluate without full context --- ## What to ask for instead (better options) ### 1. *Open-source contributions* Ask for: * GitHub / GitLab profiles * Public PRs or issues * Personal projects This shows real-world collaboration without IP risk. ### 2. *A take-home or live exercise* Design something that: * Can be completed in a few hours * Mirrors the work they’ll actually do * Is clearly stated as theirs to own Bonus: allow them to explain tradeoffs rather than just write code. ### 3. *Code walkthrough (descriptive, not shared)* Ask them to: * Describe a complex system they built * Explain architecture, tradeoffs, and failures * Talk through how they’d improve it today This is often more revealing than code. ### 4. *Pair programming / problem discussion* Observe: * How they reason * How they ask questions * How they handle ambiguity --- ## When it might be acceptable Only if *all* of the following are true: * The code is explicitly non-proprietary * The candidate confirms they own the rights * It’s already public (e.g., open source) Even then, I’d still be cautious. --- ## Bottom line > *If a candidate shares proprietary code, that’s not a plus—it’s a liability.* Strong hiring processes test: * Judgment * Reasoning * Communication * Craft —not their willingness to break an NDA. If you want, tell me: * The role (junior/senior, IC/lead) * The domain (backend, ML, frontend, systems) …and I can help you design a fair, high-signal interview process.

jacquesm 9mo ago
Please don't. Thank you.
- arter45 9mo ago
  I intentionally asked ChatGPT not because this is what I always do, but specifically to highlight that even ChatGPT itself (artificial "intelligence") knows better than what its own company actually does. I would never ask this of any employee (not that I have this power where I work), for both ethical and legal reasons.