I am not a lawyer, and my only knowledge of this agreement comes from the quote above, but...if the onboarding paperwork says you need to sign “a” general release, but doesn’t describe the actual terms of that general release, then it’s hard for me to see an interpretation that isn’t either toothless or crazy:
If you interpret it to mean that OpenAI can write up a “general release” with absolutely any terms they like, and you have to sign that or lose your PPUs, then that seems like it effectively means you only keep your PPUs at their sufferance, because they could simply make the terms unconscionable. (In general, any clause that requires you to agree to “something” in the future without specifying the terms of that future agreement is a blank check.)
If you interpret it to mean either that the employee can choose the exact terms, or that the terms must be the bare minimum that would meet the legal definition of “a general release”, then that sounds like OpenAI has no actual power to force the non-disclosure or non-disparagement terms—although they could very plausibly trick employees into thinking they do, and threaten them with costly legal action if they resist. (And once the employee has fallen for the trick and signed the NDA, the NDA itself might be enforceable?)
Where else are the exact terms of the “general release” going to come from, if they weren’t specified in advance and neither party has the right to choose them?
I am not a lawyer, and my only knowledge of this agreement comes from the quote above, but...if the onboarding paperwork says you need to sign “a” general release, but doesn’t describe the actual terms of that general release, then it’s hard for me to see an interpretation that isn’t either toothless or crazy:
If you interpret it to mean that OpenAI can write up a “general release” with absolutely any terms they like, and you have to sign that or lose your PPUs, then that seems like it effectively means you only keep your PPUs at their sufferance, because they could simply make the terms unconscionable. (In general, any clause that requires you to agree to “something” in the future without specifying the terms of that future agreement is a blank check.)
If you interpret it to mean either that the employee can choose the exact terms, or that the terms must be the bare minimum that would meet the legal definition of “a general release”, then that sounds like OpenAI has no actual power to force the non-disclosure or non-disparagement terms—although they could very plausibly trick employees into thinking they do, and threaten them with costly legal action if they resist. (And once the employee has fallen for the trick and signed the NDA, the NDA itself might be enforceable?)
Where else are the exact terms of the “general release” going to come from, if they weren’t specified in advance and neither party has the right to choose them?