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.
Why would it not be legal to enforce a contract after 9 years? If she didn't want it enforced after a duration, she could have negotiated for that, or just not signed it.
I don't see how it's principled to legally swear to not do something, then turn around and do it anyways. She's an adult, she has agency, and she chose to enter that contract.
It's also not like we're talking about a legal whistleblower here. That act DOES (and should) have a lot of legal protections. This is someone writing a book that they personally profit from.
There would have been a power imbalance at the point of signing. I can well imagine that the implications of that particular clause weren't apparent at the time.
As a society (more so here in the UK than in the US, I'll grant) we have laws governing what one party may demand of the other. They don't prevent a genuine meeting of the minds, because enforcement of a contract will only be an issue if at least one party doesn't follow through. But they do limit the ability of the company to impose sanctions beyond a point.
One limitation in the UK is that penalty clauses that are "private fines", like this one, must be based on the actual damage caused.
In this case, as in the non-compete case, I would say that if a company wants to continue to influence what someone does, they should continue to pay them.