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THIS ISSUE OF C_NCENTRATE IS FREE THANKS TO TBD CONFERENCE
WEST COAST JUDGE SAYS NO WAY TO BIG NDAS
A California judge determined this week that the confidentiality agreements Google forces its employees to sign are overly broad and violate the state's labour rules, a ruling that might make it easier for employees at notoriously secretive Big Tech businesses to speak openly about their company. The case has been long running and isn’t over yet.
A Google employee dubbed John Doe claimed that the company's extensive nondisclosure agreement restricted him from discussing his position with other possible employers, thereby making it a non-compete provision, which is unconstitutional in California. A court agreed with the employee in a Thursday ruling in California Superior Court, but declined to rule on additional complaints that Google's agreements prevented whistleblowers and sharing pay information with other employees.
The document also brought to light an internal Google program called Stop Leaks, where employees can report on suspected leakers. In 2019, depositions with Google’s head of human resources and a member of the Stop Leaks team revealed details about the way Google investigated employees who shared information about sexual harassment and a planned censored search engine in China.
The decision is the latest triumph for labour groups who have been trying to get Big Tech corporations to loosen their strict secrecy standards, which require employees to keep silent about every element of their jobs even after they leave. In recent years, new California law has targeted confidentiality agreements that prevent sexual harassment and discrimination victims from speaking out. The ruling isn't final, and Google has the right to appeal it.
__ DO __ Expect further people to come forward, and likely sooner, citing issues they have seen or been a part of. The big tech folks have a lot to lose and keep lids on, it’s unlikely this sort of information isn’t already out there. Moves like this may embolden people like Frances Haugen to come forward. Regardless of whether Google appeals, I would expect contracts to be more explicit, tightened and clarified. The best advice? Don’t sign anything new that binds you after that company. // __ DON'T __ Think floodgates will open. People are terrified of the deep pockets and lawyers these companies have.
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