Non Disclosure Agreements (What's the point?)

  • GilaMonster (6/16/2010)


    Steve-3_5_7_9 (6/16/2010)


    Actually, this makes a lot of sense. Sometimes it is difficult to terminate someone, especially if they have great performance reviews, so having a NDA on record would simply this process.

    In some parts of the world it's difficult to fire someone even if they have numerous poor performance reviews on file.

    Sounds like a productive place to work 🙂

    Are you talking about South Africa, or somewhere else?

  • Steve-3_5_7_9 (6/16/2010)


    GilaMonster (6/16/2010)


    Steve-3_5_7_9 (6/16/2010)


    Actually, this makes a lot of sense. Sometimes it is difficult to terminate someone, especially if they have great performance reviews, so having a NDA on record would simply this process.

    In some parts of the world it's difficult to fire someone even if they have numerous poor performance reviews on file.

    Sounds like a productive place to work 🙂

    Are you talking about South Africa, or somewhere else?

    Italy, for instance. It's practically impossible to fire an employee. He has to break the company's rules at least three times and be notified with a letter.

    -- Gianluca Sartori

  • Steve-3_5_7_9 (6/16/2010)


    Are you talking about South Africa, or somewhere else?

    SA. Need multiple written warnings, proof of disciplinary hearings and the dismissed person can still take the case to the labour court.

    Gail Shaw
    Microsoft Certified Master: SQL Server, MVP, M.Sc (Comp Sci)
    SQL In The Wild: Discussions on DB performance with occasional diversions into recoverability

    We walk in the dark places no others will enter
    We stand on the bridge and no one may pass
  • Gianluca Sartori (6/16/2010)


    Steve-3_5_7_9 (6/16/2010)


    GilaMonster (6/16/2010)


    Steve-3_5_7_9 (6/16/2010)


    Actually, this makes a lot of sense. Sometimes it is difficult to terminate someone, especially if they have great performance reviews, so having a NDA on record would simply this process.

    In some parts of the world it's difficult to fire someone even if they have numerous poor performance reviews on file.

    Sounds like a productive place to work 🙂

    Are you talking about South Africa, or somewhere else?

    Italy, for instance. It's practically impossible to fire an employee. He has to break the company's rules at least three times and be notified with a letter.

    So in Italy, would an NDA make it easier to fire someone, or is there still a drawn out process?

  • GilaMonster (6/16/2010)


    Steve-3_5_7_9 (6/16/2010)


    Actually, this makes a lot of sense. Sometimes it is difficult to terminate someone, especially if they have great performance reviews, so having a NDA on record would simply this process.

    In some parts of the world it's difficult to fire someone even if they have numerous poor performance reviews on file.

    Ooh, ooh, I work there!

    I swear, about a third of our IT staff could fall into a bottomless pit and we wouldn't notice for a week.

    "The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood"
    - Theodore Roosevelt

    Author of:
    SQL Server Execution Plans
    SQL Server Query Performance Tuning

  • It does, indeed. The point is that many employers want their employees to sign NDAs or non-compete, but they don't know that this has to be explicitly paid. If those agreements aren't paid to the employee or paid as part of the retribution (not explicitly) i will never hold up in court.

    -- Gianluca Sartori

  • Grant Fritchey (6/16/2010)


    I swear, about a third of our IT staff could fall into a bottomless pit and we wouldn't notice for a week.

    Do we work for the same company? 😛

    -- Gianluca Sartori

  • ...so the wise thing to do is NOT sign the NDA if you live in one of these countries/states then you're secure in employment forever! 😉

    just kidding

  • Gianluca Sartori (6/16/2010)


    Grant Fritchey (6/16/2010)


    I swear, about a third of our IT staff could fall into a bottomless pit and we wouldn't notice for a week.

    Do we work for the same company? 😛

    Could be. I'm not in Italy, but it's just as hard to fire people from this company as what you describe.

    "The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood"
    - Theodore Roosevelt

    Author of:
    SQL Server Execution Plans
    SQL Server Query Performance Tuning

  • Grant Fritchey (6/16/2010)


    I swear, about a third of our IT staff could fall into a bottomless pit and we wouldn't notice for a week.

    Back when I worked at the bank I had a colleague that, had she disappeared into another plan of existence permanently, the team's overall productivity would have increased. We had to double check (and sometimes redo) just about everything she did, the days when she was on standby (for overnight production problems), we had to have a second person available as well.

    Gail Shaw
    Microsoft Certified Master: SQL Server, MVP, M.Sc (Comp Sci)
    SQL In The Wild: Discussions on DB performance with occasional diversions into recoverability

    We walk in the dark places no others will enter
    We stand on the bridge and no one may pass
  • It tends to be hard to fire anyone when you have an HR department in the company. They want to be sure the company won't get sued. I'm not sure it matters as I've seen people go quietly either way, and seen them sue either way.

    I think we make it harder in the US than it has to be.

    I have heard the NDAs and non competes are hard to enforce. However I don't know many people that want to test them.

  • Its the same in the UK, after you pass the 6 month probation period then it can be really difficult to fire people. There have been several high profile cases of people getting large payouts after being 'unfairly' dismissed.

    Though this could all change under the Tories.

  • steveb. (6/16/2010)


    Though this could all change under the Tories.

    I don't want to disappoint you, but when a government changes, the government itself is most likely the only thing that changes...

    -- Gianluca Sartori

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