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ben_wyesterday at 6:58 PM1 replyview on HN

> Aren't the clauses on non-disclosure, arbitration, etc., common in non-Meta employment contracts as well?

They are.

Personally, I think the law should require that nondisclosure agreements should be strictly time-bound[0], ban all non-disparagement agreements[1], and replace binding arbitration with non-binding arbitration or mediation[2] that can still be escalated to a court if it breaks down.

[0] by how much I am uncertain, but outside of national security considerations I can't think of anything that needs to last longer than a patent would have.

[1] Two arguments: (a) basic freedom of speech; (b) I am British by birth. The UK is so famous for being an easy place to sue for libel that the US passed laws making fines from British courts non-enforceable in the US; why then does the US allow private companies to insert the same effect via contract? https://en.wikipedia.org/wiki/Libel_tourism#United_States

[2] Court cases are really expensive for everyone. Arbitration is much cheaper and this itself can absolutely benefit workers and customers.


Replies

zeroonetwothreeyesterday at 11:19 PM

If non disparagement agreements weren’t allowed wouldn’t employers have less reason to make severance payments? We would expect average severance payment amounts to decrease under this scenario. So it’s not clear that this is the ideal outcome to employees, who might prefer more $.

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