DIDN'T THE COURTS OR DoL RECENTLY SAY NDAs ARE ILLEGAL?
«I have seen the extremely restrictive off-boarding agreement that contains nondisclosure and non-disparagement provisions former OpenAI employees are subject to. 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.»
@blogdiva that was non-competes. NDAs are still generally legal with a few small exceptions (mostly for certain forms of whistleblowing and reporting of harassment).
@blogdiva for employees, they're often in the same document, but they're separate concepts. So you can outlaw one without outlawing the other.
As with all things, there are exceptions; eg, one can imagine situations where a judge would find an entire contract invalid — including an NDA that was part of the contract — because it was abusive in some way related to the same contract's non-compete.
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