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[return to "Leaked OpenAI documents reveal aggressive tactics toward former employees"]
1. tedivm+W2[view] [source] 2024-05-22 22:38:55
>>apengw+(OP)
If this really was a mistake the easiest way to deal with it would be to release people from their non disparagement agreements that were only signed by leaving employees under the duress of losing their vested equity.

It's really easy to make people whole for this, so whether that happens or not is the difference between the apologies being real or just them just backpedaling because employees got upset.

Edit: Looks like they're doing the right thing here:

> Altman’s initial statement was criticized for doing too little to make things right for former employees, but in an emailed statement, OpenAI told me that “we are identifying and reaching out to former employees who signed a standard exit agreement to make it clear that OpenAI has not and will not cancel their vested equity and releases them from nondisparagement obligations” — which goes much further toward fixing their mistake.

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2. NotSam+l5[view] [source] 2024-05-22 22:53:06
>>tedivm+W2
This reads like more than standard restrictions. I hate those like everyone, they are just intended to chill complaints in my opinion with enough question to scare average people without legal expertise (like me, like most devs), just like non-competes used to seemingly primarily be used to discourage looking at other jobs, separate from whether it was enforceable - note the recent FTC decision to end non-competes.

About 5 months ago I had a chance to join a company, their company had what looked like an extreme non-compete to me, you couldn't work for any company for the next two years after leaving if they had been a customer of that company.

I pointed out to them that I wouldn't have been able to join their company if my previous job had that non-compete clause, it seemed excessive. Eventually I was in meetings with a lawyer at the company who told me it's probably not enforceable, don't worry about it, and the FTC is about to end non-competes. I said great, strike it from the contract and I'll sign it right now. He said I can't do that, no one off contracts. So then I said I'm not working there.

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3. tedivm+76[view] [source] 2024-05-22 22:57:07
>>NotSam+l5
I have worked for multiple startups (Malwarebytes, Vicarious, Rad AI, Explosion AI, Aptible, Kenna Security). Not once have I seen an exit agreement that stated they would steal back my vested equity if I didn't sign. This is definitely not "standard restrictions".
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4. bertil+tn[view] [source] 2024-05-23 00:34:16
>>tedivm+76
I’ve seen that for a well-known large tech company, and I wasn’t even employed in the US, making those seem stranger. Friends and former colleagues pushed back against that (very publicly and for obvious reasons in one case) and didn’t get to keep their vested options: they had to exercise what they had before leaving.

There was one thing that I cared about (anti-competitive behavior, things could technically be illegal, but what counts is policy so it really depends on what the local authority wants to enforce), so I asked a lawyer, and they said: No way this agreement prevents you from answering that kind of questioning.

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5. srocke+Xo[view] [source] 2024-05-23 00:47:33
>>bertil+tn
A 90 days exercise window is standard (and there are tax implications as well in play).

OpenAI is different: they don’t grant options, but “Units” that are more like RSUs.

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6. blacke+oI1[view] [source] 2024-05-23 12:46:12
>>srocke+Xo
Don’t those come with bad tax implications then? The point of options is to give ownership without immediate financial burden for the employee.
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7. dartos+MT1[view] [source] 2024-05-23 13:52:51
>>blacke+oI1
You pay normal tax on them when you sell after holding for 1 year, but an increased tax if you sell within that year.
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8. srocke+w33[view] [source] 2024-05-23 19:57:51
>>dartos+MT1
That’s not completely accurate.

In the US, equity given as compensation for work could be taxed as wages, or, under certain circumstances, as capital gains.

The one year is for some capital gains to get considered long term gains, which may be taxed at a lower marginal rate than regular wages.

In other words, if you are granted equity as compensation, go talk at length to a tax professional to get an understanding of the taxation of it.

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