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.
@fesshole malicious compliance, we love to see it 🤩
@kaybee @fesshole are these clauses enforceable?
@hucksternoise @kaybee @fesshole probably not? Maybe? But even if it's 100% ironclad against the law, can you afford to fight that fight against corporate lawyers?

@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.

@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.
@fesshole in Sweden it's actually illegal (disparaging your employer), you have a duty of loyalty from what I've been told
@Moah @fesshole there's a loyalty principle for employees, but we also have freedom of expression. So you're expected to not make statements meant to harm your employer, but you still have a right to speak up about eg. dangerous situations and infringement of your worker rights, etc.
@Natanael_L @fesshole I was told (as a swedish employee) that were supposed to raise these issues internally
@Moah @fesshole usually it's where you should start, but companies can't use that to shut down complaints. You have a right to speak to union representatives, etc, and whistleblowing is protected in our constitution
@Moah @fesshole Surely that doesn't mean you have to praise them? Refusing to say anything about them without any justification should also get the point across in general.
@Moah @fesshole You've been told wrong. Swedish work culture is weird in some ways, but it's not quite that bad. Here's an article from a while back saying such a clause in a contract would likely be unconstitutional: https://sverigesradio.se/artikel/7289897
Region Västerbottens avtal kan gå emot yttrandefriheten

Personal får inte uttala sig negativt om Region Västerbotten för utomstående.

Sveriges Radio
@fesshole employers shootting themselves in the foot 🤣
@fesshole "On advice of counsel, they have many fine qualities and I wish them well."
@fesshole este toot tendría sentido si incluyera el nombre de esa compañia....
@espanabizarra
@fesshole “They’re the kindest, bravest, warmest, most wonderful company I’ve ever worked for in my life.”

@bob_zim @fesshole

I just watched that, and I had come here to say this!

@fesshole I mean, I'm pretty sure that clause is illegal/unenforceable now
Labor Board says non-disparagement clauses are unlawful — here’s what that means

Companies can't prevent ex-employees from talking negatively.

Axios
@fesshole , the other important factor here is it tells them you can also comply and understand the terms of a contract.
@fesshole
I must not complain on social media about my employer. But nobody told me to stay silent in "real life".

@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".

@ysegrim
But ... references still have to be truthful, and courts know those catalogues as well. Employers will code the truth as described, yes, but if they try to badmouth you in an untruthful way using these codes, that won't fly when challenged in court.

@fesshole

@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?

@fesshole employer heard someone go "I can't complain" and took it literally
@fesshole this is the kind of fess I am here for.
@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 😅
Checkmate atheists

@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'"

@fesshole hahaha that is awesome xD

@fesshole this is like the old joke about life under totalitarianism.

“So, how are things under the Glorious Communist Revolution?”

“Oh, you know… we can’t complain”

@MyLittleMetroid @fesshole This whole thing reminded me of an ancient Wizard of Id comic that has stuck with me:

Some dignitary is being shown around the kingdom by the king, and he asks some peasants what life is like for them. “Can’t complain”, they all reply. “Ha ha, why not?” He jokingly responds.

“It’s forbidden.”

@fesshole
It's almost always possible to say the impossible 👏
@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!
@fesshole "I am contractually obligated not to say things like <list of things that are wrong with the place>"
@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
@jab01701mid @fesshole Not sure if the advice I got was true or not, but I always ask in some verifiable way (i.e., via email) if it's negotiable. If they say it isn't, then it's harder for them to claim that it was offered in good faith.
@fesshole Malicious compliance. I love it.
@fesshole It makes me happy seeing this post because my actual boss boosted it.

@fesshole

That's the "Streisand" effect in action.

Well played.

@fesshole Fun fact about any contract: They're not binding if you move to a country with no extradition treaty. ;)
@fesshole you do you, but at that point, if this an ethical matter you should quit
@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.

@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.