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Comment by stavros | Hacker News Reader

She hasn't closed one deal in the one month she's been with the company after training, does that sound like a reasonable evaluation period to you? Why did she not receive any feedback on that from her manager? If your layoff is a surprise to the employee, you fucked up.

> Brittney P. should be worried about her future job prospects. This video is now viral. I would think twice about hiring her.

If you would avoid hiring a person because they might expose your shitty practices, that says more about your practices than about the person.

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She had 3 deals on the go, the fact they didn't close during the Christmas holidays is to be expected.

Based on that video alone and the skill she used in communicating with HR, she's a brillant sales person. No doubt about it.

I expect all employees to keep company business private. This is what NCs / NDAs are for.

NDAs are for keeping the company's trade secrets in the company. They aren't so you can treat your employees badly and expect that to stay secret.

I understand your point. But reality is different.

Most employee NDAs will include a non disparage clause in the agreement. Its standard.

This is Why we have glassdoor forums. So you can disparage anonymously.

Or maybe she didnt sign the NDA and if so disparage away just dont expect other emoloyers to come running to you.

What she posted wasn't "disparagement," for she hasn't herself said anything to disparage them. She simply posted a legally recorded conversation. If it made Cloudflare look bad, that's on them; they have only themselves to blame.

“Disparaging” Defined: The term “disparaging” is considerably more broad that the term “defamatory.” (......) Perhaps the most consequential difference is many courts have held that statements can be disparaging even if truthful or non-defamatory [1]

So yes, it depends on who's judging, but it certainly can be, disparagement.

[1] https://ogletree.com/insights-resources/blog-posts/negotiati...

Ah, but here's the thing: She didn't say anything in the video to disparage Cloudflare. She simply posted a conversation. Integral to "disparagement," as a concept, is the notion that the disparager must have made at least one overtly disparaging statement.

I don't think that merely posting a video, where Clourflare's employees and policies acted stupidly and callously of their own accord, qualifies as a "statement" for the purposes of law.

I think what matters here is intent.

If I posted a video of the CEO of united, in a drag, at a public event, and I was subject to a non disparage contract with United, im not so sure I would be fine even though all I did is post an act, with no commentary, that was public.

IANAL so I suppose it would be up for a judge to determine my intent. If the stock price drops and the CEO gets fired, do I walk away scot free?

The reality might be that companies are immoral, but saying "I wouldn't hire this person because they might expose my immoral practices" does make you look bad, rather than the person.

What could it happen if they breach the NDA? Would they get terminated?

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