macleginnAuthor of "Careless People" banned from saying anything negative about Meta
https://www.thetimes.com/uk/technology-uk/article/sarah-wynn-williams-careless-people-meta-nrffdfpmf
My understanding is that as part of a severance package she received in 2017 she agreed to some kind of "non-disparagement" clause. She then went on to write a book disparaging the company. The arbitrator didn't rule on the disparagement itself or if anything was true or false. Only ruled that she had to abide by the contract she signed.
It sounds like an interesting book, and I'll add it to the list. But it also sounds like she agreed to this in exchange for a lump-sum severance payment, and then broke the contract anyway. I'm not sure if this is really that principled of a thing. She sought-out and accepted a lot of money for this agreement.
It should not be legal to enforce this kind of thing 9 years after a person leaves your company. I get that it currently is legal, but have some principles. Just because this is legal doesn't mean it isn't morally reprehensible, and its legality should be challenged.
So allowing someone to sign themselves into slavery should be "legal" because it's "impinging on someone's right to enter contracts"? I get that some people balk at "morally reprehensible" as some sort of slippery slope, but c'mon we as individuals have to function somewhat coherently. As a social species reliant on some form of social cohesion (how much oil did you refine this morning?) we have to have some guidelines.
Fwiw, I think making such non-disparagement clauses illegal is an interesting idea, and could be a net positive. That said, I think the slavery comparison is a stretch. The situation up for debate is: Should you be able to voluntarily accept money in exchange for promising not to say bad things about someone or some company? I don't see a good faith interpretation of that as "signing yourself into slavery".
> Fwiw, I think making such non-disparagement clauses illegal is an interesting idea, and could be a net positive. That said, I think the slavery comparison is a stretch.
Arguably, its more like non-compete agreements but with the added fact that state enforcement of the agreements is in tension with freedom of speech.
But, you know, lots of jurisdictions sharply restrict enforceability of non-competes, too.