So I agree that I wish fewer organizations would ask for non-disparagement clauses, especially for employees that are leaving. I don’t yet agree that this is the ‘obvious standard’ / non-disparagement is haram instead of makruh.
A related thing that’s coming to mind is that I have mediated a handful of disputes under conditions of secrecy. I currently don’t view this as a betrayal of you (that I’ve accepted information that I cannot share with you) but do you view it as me betraying you somehow?
A related thing that’s coming to mind is that I have mediated a handful of disputes under conditions of secrecy. I currently don’t view this as a betrayal of you (that I’ve accepted information that I cannot share with you) but do you view it as me betraying you somehow?
I think if, during those disputes, you committed to only say positive things about either party (in pretty broad generality, as non-disparagement clauses tend to do), and that you promised to keep that commitment of yours secret, and if because of that I ended up with a mistaken impression on reasonably high-stakes decisions, then yeah, I would feel betrayed by that.
I think accepting confidentiality is totally fine. It’s costly, but I don’t see a way around it in many circumstances. The NDA situation feels quite different to me, where it’s really a quite direct commitment to providing filtered evidence, combined with a promise to keep that filtering secret, which seems very different from normal confidentiality to me.
So I agree that I wish fewer organizations would ask for non-disparagement clauses, especially for employees that are leaving. I don’t yet agree that this is the ‘obvious standard’ / non-disparagement is haram instead of makruh.
A related thing that’s coming to mind is that I have mediated a handful of disputes under conditions of secrecy. I currently don’t view this as a betrayal of you (that I’ve accepted information that I cannot share with you) but do you view it as me betraying you somehow?
I think if, during those disputes, you committed to only say positive things about either party (in pretty broad generality, as non-disparagement clauses tend to do), and that you promised to keep that commitment of yours secret, and if because of that I ended up with a mistaken impression on reasonably high-stakes decisions, then yeah, I would feel betrayed by that.
I think accepting confidentiality is totally fine. It’s costly, but I don’t see a way around it in many circumstances. The NDA situation feels quite different to me, where it’s really a quite direct commitment to providing filtered evidence, combined with a promise to keep that filtering secret, which seems very different from normal confidentiality to me.