Originally published at: https://boingboing.net/2019/04/30/no-more-secrets.html
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Aren’t contracts and NDAs rendered invalid when used to cover criminal activity?
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Another portion of the employee NDA to consider: a no-poaching clause even if you’re the one they’re letting go and even if you aren’t a recruiter or hiring manager. Noncompetes are illegal in California but (-not an expert-) it appears those no recruitment ones are legal. While poaching is considered disdainful by some, I think it is good for workers. Ironically on the recruitment side, the same companies with those in their NDAs actively engage in it. Recruiters who are well trained and can pull it off are much sought after. As a non-recruiter future employee somewhere else, that doesn’t seem fair especially if the NDA company let me go. However, I think it is only binding (by law) for 6 months after leaving a company.
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we need a private legal system as there’s a slim chance someone might receive justice in the actual justice system.
biz can’t take that risk - though they reserve that right for themselves
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Yes, but part of the problem is that when an individual signs a contract like this w/ an organization, they’re entering into a 1-to-many relationship, where the “many” are way more protected from liability than the “1”.
No super related, but one of these days, I want @doctorow to bring up the topic of arbitration clauses, along with the other one riding shotgun, no-class-action clauses, that are in nearly every Terms of Use contract.
A huge majority of ToU’s have these clauses, and a very small minority of those contracts have an opt-out provision. I opted out of Flickr’s (now Smugmug’s) arbitration agreement by sending a US Mail letter. Without any negotiation or attempts to retain my paid usage, they just interpreted it as “OK, he just wants to delete his account”, and my 10 year old account with thousands of images was deleted. (Granted, they do not have an opt out provision, but I did it anyway, fully ready to accept the consequences.)
Like the Fortune article says about NDAs, “for now, any checks on the use of NDAs may have to come from political leaders,” the same will hold true for arbitration clauses.
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