I’ve only been in IP / anticompetitive NDA situations at any point in my career. The idea that some NDAs want to oblige me to glomarize is rather horrifying. When you have IP reasons for NDA of course you say “I’m not getting in the weeds here for NDA reasons”, it is a literal type error in my social compiler for me to even imagine being clever or savvy about this.
Yep, also seems horrifying to me, which is why I had such a strong reaction to Wave’s severance agreements. Luckily these things are no longer enforceable.
Well, there is a strict difference between “Sorry, I can’t discuss this topic, I am under a strict NDA” vs sharing details of the contract you signed. Yes, I am aware that the content of contracts usually is protected by confidentiality, but not necessary the very existence of them.
The existence of the confidentiality and non-disparagement clause is usually covered by confidentiality. This is relatively common practice, because ominously going around saying that you have signed a non-disparagement-clause is often as effective at harming the reputation of a company as going into the details.
This was also the case in the wave severance agreements.
I don’t think that’s accurate. Almost every severance agreement template (which is the most common context of a non-disparagement agreement) I’ve seen has a clause that covers the existence of the NDA itself. Here is an example: https://www.indeed.com/career-advice/career-development/severance-agreement
I’ve only been in IP / anticompetitive NDA situations at any point in my career. The idea that some NDAs want to oblige me to glomarize is rather horrifying. When you have IP reasons for NDA of course you say “I’m not getting in the weeds here for NDA reasons”, it is a literal type error in my social compiler for me to even imagine being clever or savvy about this.
Yep, also seems horrifying to me, which is why I had such a strong reaction to Wave’s severance agreements. Luckily these things are no longer enforceable.
I believe they may still be enforceable for managers, and the definition of manager is fuzzy.
Well, there is a strict difference between “Sorry, I can’t discuss this topic, I am under a strict NDA” vs sharing details of the contract you signed. Yes, I am aware that the content of contracts usually is protected by confidentiality, but not necessary the very existence of them.
The existence of the confidentiality and non-disparagement clause is usually covered by confidentiality. This is relatively common practice, because ominously going around saying that you have signed a non-disparagement-clause is often as effective at harming the reputation of a company as going into the details.
This was also the case in the wave severance agreements.