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My employer added a clause in my last NDA stating that I was prohibited from saying anything "disparaging" about the company. Now when anyone asks about job postings I tell them, "I'm contractually obligated not to say anything disparaging about them." None have ever applied.
in reply to Fesshole 🧻

That is far, far more damaging to them than anything disparaging you could say. And saying anything disparaging would make you look like a spiteful, bitter nut job.

This is very good. They shot themselves in the foot 🀣 priceless.

in reply to Fesshole 🧻

Like when the moderation rules on your instance prevent you from wishing anyone dead and you just point that out with reference to certain persons.
in reply to Fesshole 🧻

in Sweden it's actually illegal (disparaging your employer), you have a duty of loyalty from what I've been told
This entry was edited (1 month ago)
in reply to Fesshole 🧻

I had a similar clause in a redundancy payoff and was advised that saying something like what the OP says could be classed as a breach of the clause as you are inferring negative comments about the company.
in reply to Fortiter Games :verified:

@FortiterGames Advised by them, or by someone who was being paid to give you legal advice in your own best interest rather than theirs?
in reply to Fesshole 🧻

este toot tendrΓ­a sentido si incluyera el nombre de esa compaΓ±ia....
@espanabizarra
This entry was edited (1 month ago)
in reply to Fesshole 🧻

a company I worked for got acquired by the local phone company and I had to sign something similar, so now when I describe their DSL offerings I use that same phrase
in reply to Fesshole 🧻

the last job I left they offered to pay me two weeks salary if I signed a non disparagement agreement.

At that moment, I told them to check GlassDoor because I had already left my disparaging review of the company.

A friend of mine stayed in another year and said that they were unable to hire anybody to replace me because of my very honest GlassDoor review.

This entry was edited (1 month ago)
in reply to Fesshole 🧻

In Germany, it's vice versa – employees have a right for an employer's reference when they leave their job, and employers are not allowed to put anything negative into it.

The effect is that there is a catalog of positive phrases that have negative meanings -- classic example is, "they endeavored to meet requirements", which translates as "they never once actually met the requirements". Or, "all colleagues appreciated their warm nature" -- "they had sex with all of them".

in reply to Fesshole 🧻

Out of curiosity was this an NDA you had to sign when they hired you, or an NDA they tried to get you to sign after they hired you?
in reply to Fesshole 🧻

sounds like it's pretty disparaging to say to others that they made you sign this NDA; therefore you may be legally in hot water πŸ˜…
Checkmate atheists
in reply to Fesshole 🧻

you could also rephrase it as though it were positive:

"our company is an industry leader in high turnover rates"

"Our company is a competitive investment; we use over 30 employment productivity metrics to ensure employees do not dilly dally with things like 'lives' and 'families'"

in reply to Fesshole 🧻

this is like the old joke about life under totalitarianism.

β€œSo, how are things under the Glorious Communist Revolution?”

β€œOh, you know… we can’t complain”

in reply to Fesshole 🧻

Previous employer made everyone sign the new contract, earlier starts, finishing later, tighter controls, change to KPI's, stricter conditions. The lot. A handful of us didn't sign it. They couldn't make us. Most learnt too late. Management were furious but their hands were tied because only the new contract gave them the power to take action.
They fucking hated us!
in reply to Fesshole 🧻

When I sign such things, I add the letters "UD" to my name, indicating "Under Duress". So if I ever have to explain it to a judge, I can explain "that was signed Under Duress - they were going to fire me if I did not sign, and my family would die. So duress - invalid contract".
#MadLawyer
in reply to Fesshole 🧻

It makes me happy seeing this post because my actual boss boosted it.
Unknown parent

Sayar Tyler :fediverse:
@r000t @martinvermeer One of the positives of having a single-user instance is that I'm completely responsible for all of the crap that I say and do on here.
in reply to Martin Vermeer FCD

@martinvermeer @r000t I don't look at it too deeply like that. I just only want to risk being gawked at by potential future employers, rather than some rando on the Twitter safety team or whatever. πŸ˜‚
in reply to Fesshole 🧻

Fun fact about any contract: They're not binding if you move to a country with no extradition treaty. ;)
in reply to Fesshole 🧻

you do you, but at that point, if this an ethical matter you should quit
in reply to Fesshole 🧻

@gsuberland Usually these clauses (or the entire NDA) come with an expiration date. A new hire had such a clause and he told us when that NDA would expire. We then scheduled a meeting one day after the expiration to talk about it.
in reply to Fesshole 🧻

I crossed out the non-disparagement clause in the SelectGroup consulting contract for a startup I was being considered for. What got their attorney's attention was me crossing out the Arbitration Agreement. In 2015, that was totally new to contracts in the SF/Bay area. I argued that my job is to tell a company I was working for that they had Rectocranial Inversion if they started doing stupid things and they kept it in.

I didn't get the Arbitration Clause removed and ended up working for the startup anyway. I figured if I worked for them again, I'd bail if they tried that again. Turns out The Select Group isn't very good at supporting their contractors and f-s around with contracts.

This entry was edited (3 weeks ago)
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