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[return to "OpenAI departures: Why can’t former employees talk?"]
1. jp57+Ft[view] [source] 2024-05-17 23:02:50
>>fnbr+(OP)
The only way I can see this being a valid contract is if the equity grant that they get to keep is a new grant offered the time of signing the exit contract. Any vested equity given as compensation for work could not then be offered again as consideration for signing a new agreement.

Maybe the agreement is "we will accelerate vesting of your unvested equity if you sign this new agreement"? If that's the case then it doesn't sound nearly so coercive to me.

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2. apsec1+Qt[view] [source] 2024-05-17 23:04:22
>>jp57+Ft
It's not. The earlier tweets explain: the initial agreement says the employee must sign a "general release" or forfeit the equity, and then the general release they are asked to sign includes a lifetime no-criticism clause.
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3. Animat+Ny[view] [source] 2024-05-17 23:51:44
>>apsec1+Qt
That's when you need a lawyer.

In general, an agreement to agree is not an agreement. A requirement for a "general release" to be signed at some time in the future is iffy. And that's before labor law issues.

Someone with a copy of that contract should run it through OpenAI's contract analyzer.

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