OpenAI removes non-disparagement clause from exit agreements for ex-employees

OpenAI has released the non disparagement clause from its exit agreements for former employees and will change the contracts.

OpenAI is releasing former employees from non-disparagement agreements that would cancel their equity if they criticised the company publicly, it confirmed on Thursday. The change was shared in a company-wide internal memo sent to both former and current employees, which was reported by CNBC. 

The memo noted that during the employee’s departure from OpenAI, “you may have been informed that you were required to execute a general release agreement that included a non-disparagement provision in order to retain the Vested Units [of equity]. Regardless of whether you executed the Agreement, we write to notify you that OpenAI has not cancelled, and will not cancel, any Vested Units.” 

The memo said OpenAI will also not enforce any other non-disparagement or non-solicitation contract items that the employee may have signed.

The company has since addressed this saying they are making changes to their departure process. 

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An OpenAI rep spoke to CNBC saying, “We’re incredibly sorry that we’re only changing this language now; it doesn’t reflect our values or the company we want to be.” 

Last week, Vox reported on the non-disparagement agreements with leaked emails showing the AI firm’s aggressive tactics to prevent employees from speaking out. The policy essentially forced ex-employees to choose between equity which is potentially worth millions of dollars or not to criticise the company with no end date. The terms are particularly severe and unusual and have been criticised since.