[HN Gopher] Apple to end employee gagging clauses after activist...
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       Apple to end employee gagging clauses after activist campaign
        
       Author : mfiguiere
       Score  : 230 points
       Date   : 2022-12-09 21:28 UTC (1 days ago)
        
 (HTM) web link (www.ft.com)
 (TXT) w3m dump (www.ft.com)
        
       | warbler73 wrote:
        
         | [deleted]
        
           | warbler73 wrote:
        
           | warbler73 wrote:
        
       | [deleted]
        
       | [deleted]
        
       | skissane wrote:
       | > Apple has agreed to drop all employee gagging clauses related
       | to workplace harassment
       | 
       | How long before Apple and an employee start disputing about
       | whether an employee's public comments relate to "workplace
       | harassment" (now allowed) or other matters (still prohibited)?
       | 
       | I've heard a number of stories about situations in which an
       | employee says they are being harassed/bullied/etc and the
       | employer insists "no, this is just performance management" or
       | "no, the employee just lost some internal argument over business
       | strategy/technical decisions/policies/etc". Maybe sometimes the
       | employee is right, maybe sometimes the employer is right, maybe
       | some cases are more grey and it is harder to say.
        
         | KerrAvon wrote:
         | It's not that much of a gray area at this point. I'm not a
         | lawyer, but there's a lot of existing case law around this, so
         | advocacy orgs could give guidance.
        
         | [deleted]
        
         | josephg wrote:
         | I think this stuff will always come down to messy judgement
         | calls. Some people come from cultures which see "abrasive"
         | behaviour as totally normal. Sometimes, being blunt with
         | someone is a sign of intimacy. (We're close enough to "skip the
         | BS")
         | 
         | This will always be in uneasy tension with modern "positive
         | vibes only" office cultures.
         | 
         | One person's "bullying and harassment" is another person's
         | "intimate honesty". There are no easy answers.
        
           | spritefs wrote:
           | > One person's "bullying and harassment" is another person's
           | "intimate honesty". There are no easy answers.
           | 
           | No. You can be honest with someone about something without
           | being an asshole. What exactly do you mean here by "intimate
           | honesty"? You should give a concrete example
        
             | spritefs wrote:
             | I'll add (after reading some responses here), I'm not
             | saying that someone should _always_ be honest, I was just
             | saying it 's possible to be frank with someone without
             | being a douche
             | 
             | For example, instead of telling someone "this isn't good",
             | tell them "use this technique instead" or "it's better to
             | do it this way because X"
             | 
             | I get that there are some people who'll take offense to
             | everything. Those types have to be managed differently and
             | are a headache to deal with. But if you aren't a dick and
             | have a paper trail, there's nothing to worry about
        
             | DiggyJohnson wrote:
             | You're making a very black and white assertion about
             | something that seems quite obvious: that there's a grey
             | area to communication, especially between people with
             | different expectations, communication styles, etc. I don't
             | think you're entitled to an example after being so
             | reductive about the topic.
        
               | isodev wrote:
               | When one is working as part of a team (in a professional
               | context), it's one's responsibility to ensure the
               | delivery of one's message doesn't "clash" with others in
               | a way that may feel as harassment or bullying.
               | 
               | If that's unclear, most companies introduce etiquette and
               | guidelines on what constitutes acceptable forms of
               | behaviour and communication at the office/during work
               | hours. It's also a topic one can bring up with their
               | therapist for additional tips and guidelines.
        
               | josephg wrote:
               | I agree that this is the rule in polite society, and I
               | agree that its a reasonable goal 95% of the time. But its
               | an impossible standard to meet 100% of the time. Alan
               | Watts makes this point - we can only guarantee that we're
               | inoffensive when we're dead. Or when we act like we're
               | dead - taking up no space and sharing no opinions.
               | 
               | Walking boldly in the world will necessarily elicit
               | reactions in other people. We don't get to control the
               | reactions other people have to us. If the only thing
               | you're allowed to do when someone hates you is shrink
               | into yourself, then you cannot ever be noteworthy or
               | famous in any way. (Because you'll get haters if you're
               | noteworthy, no matter how lofty your goals are.)
               | 
               | You can also swing this argument the other way around.
               | Nobody knows the exact shape of our childhood traumas.
               | Growing up requires that we revisit those places that
               | still hurt in us to be able to heal our wounds. I don't
               | want anyone trying to protect me from that process,
               | because I need to go through that pain in order to grow
               | into the healthiest version of myself.
               | 
               | Shying away from telling me something because you're
               | afraid I'll get hurt also blocks any possibility of
               | deeper intimacy.
               | 
               | Kim Scott's Radical Candor is another take on this for
               | the workplace. 6 minute video:
               | https://www.youtube.com/watch?v=YLBDkz0TwLM
        
               | skissane wrote:
               | > When one is working as part of a team (in a
               | professional context), it's one's responsibility to
               | ensure the delivery of one's message doesn't "clash" with
               | others
               | 
               | I think communication involves mutual responsibility, for
               | both sender and receiver. When it goes wrong, sometimes
               | the sender has failed to meet their responsibility,
               | sometimes the receiver, sometimes both, and sometimes it
               | is just one of those regrettable misunderstandings which
               | is neither's fault.
               | 
               | > etiquette and guidelines on what constitutes acceptable
               | forms of behaviour and communication
               | 
               | It is impossible to craft guidelines which explicitly
               | cover every possible circumstance. Guidelines may reduce
               | the incidence of cross-cultural misunderstandings
               | (although one may be sceptical about how effective they
               | really are in doing that), but they can't possibly
               | eliminate them.
               | 
               | > It's also a topic one can bring up with their therapist
               | for additional tips and guidelines.
               | 
               | I remember my father telling me about how, in the early
               | 1990s, he got a job with a US-based company, and he
               | started going on regular business trips to the US. He was
               | rather struck by how some of his American colleagues
               | would talk at work about having therapists - the way
               | they'd talk about it, it sounded like they just assumed
               | everyone had one (which is how you've talked about it
               | here). Judged by the standards of Australian culture, it
               | was rather odd - if someone felt they needed to see a
               | mental health professional, they'd be unlikely to tell
               | random people at work about it, and talking to work
               | colleagues in a way which assumed they did have that need
               | could cause offence. My father didn't take offence, he
               | was just amused by the strange ways of Americans-but
               | someone else could have.
        
               | DiggyJohnson wrote:
               | I think it's extremely odd as a younger American. And
               | frankly, I think the reality is that many people agree
               | with the Australian/my perception, but know to just keep
               | it to themselves instead of trying to change the culture.
               | 
               | My biggest gripe is that (1) not everyone has easy access
               | to a therapist and (2) it's not a magic bullet.
               | Additionally, (3) it's inconsistent with the norm of
               | avoiding personal health topics in professional
               | environments.
               | 
               | I guess what I'm saying is that many, many Americans
               | agree with you, even if that doesn't come across in the
               | corporate or pop culture zeitgeist.
        
               | spritefs wrote:
               | I wasn't making a universal claim about all
               | communication, I was just saying it's possible to be
               | honest without being a dick
               | 
               | > I don't think you're entitled to an example after being
               | so reductive about the topic.
               | 
               | Am I the one who's being reductive here, or are you the
               | one who's taking an ambiguous comment, interpreting it in
               | a black and white way, and then posting this
               | hypocritically reductive response here?
        
               | maxbond wrote:
               | I don't think I've ever pointed out to someone they were
               | being a bully, and they didn't respond with, "Hey, I'm
               | just trying to show you tough love and honesty, it's not
               | my fault you're too much of a wimp to accept it."
               | Conversely I've never found stating my opinion tactlessly
               | or hurtfully to be effective, and the only times I've
               | been able to communicate an uncomfortable truth
               | successfully has been in a blameless and empathetic
               | manner.
               | 
               | No one is entitled to an example, but it's a good
               | suggestion to clear up possible miscommunications.
               | Especially if we're talking about complex situations
               | potentially involving cultural clashes.
        
               | josephg wrote:
               | > the only times I've been able to communicate an
               | uncomfortable truth successfully has been in a blameless
               | and empathetic manner.
               | 
               | I think I mostly agree with you, and your comment about
               | bullying sounds like a great example of your point.
               | 
               | Mitchell Rosenburg (author of Non-violent Communication)
               | talks about this a lot. He would point out that calling
               | someone a bully is a negative judgemental statement. Who
               | are you to say they're being a bully? Maybe their intent
               | really is to show tough love and honesty. People almost
               | always get defensive when we feel attacked and judged.
               | The decision of whether to feel attacked and judged is
               | made on the receiving end of a statement.
               | 
               | The NVC approach would recommend that instead of "you're
               | being a bully", you could say "When you said XX, I feel
               | rejected and small". Its a much more vulnerable
               | statement, but its much more powerful to hear. Hearing
               | "you're a bully" makes me want to put my walls up.
               | Hearing "ouch, hearing that makes me want to cry" will
               | open my heart right up.
        
               | maxbond wrote:
               | I think I mostly agree with you too, and what you've said
               | has been interesting and I appreciate it.
               | 
               | > Who are you to say they're being a bully? Maybe their
               | intent really is to show tough love and honesty.
               | 
               | I think there are two places where we differ.
               | 
               | 1. When you are being bullied, you know you are being
               | bullied, and you are the expert who can say it's
               | happening. It's possible to misinterpret this, and the
               | tactics you propose are correct, but I don't like the
               | implication that there's simply no way to know. In my
               | view, a relationship is an epistemology; you know someone
               | is bullying you by the process you know that someone
               | loves you, it may not be possible to describe, it may not
               | be infallible, but it is real. (Perhaps part of the
               | difference in thinking here is that I'm saying you can
               | know someone is _being_ a bully in this way, not whether
               | they are, in their heart of hearts, a bully.)
               | 
               | 2. Their intent to show you "tough love and honesty" is
               | not at all inconsistent with being a bully. Consider the
               | character of Tony Soprano, if you're familiar. One of his
               | central struggles is that he deeply cares about people,
               | but the only way he can relate to the world is through
               | violence and intimidation.
               | 
               | When I say that the bullies I've encountered in my have
               | justified themselves through "tough love", I don't mean
               | to say that they were lying. Only that, as GGGP pointed
               | out, it's not an acceptable way to communicate.
        
               | DiggyJohnson wrote:
               | I don't think I agree at all with
               | 
               | > when you're being bullied, you know you're being
               | bullied
               | 
               | When I was much younger I had a hard time being teased. I
               | genuinely didn't realize that this was normal among my
               | friend group, and I was totally misreading the situation
               | because I was too caught up in my own head. I don't think
               | I was correct about my interpretation of the situation.
               | 
               | I'm essentially disagreeing with any statement of the
               | form: two people have different interpretations of a
               | subjective situation / interpretation, and one of them is
               | always right because they have they think X.
        
               | maxbond wrote:
               | > I'm essentially disagreeing with any statement of the
               | form: two people have different interpretations of a
               | subjective situation / interpretation, and one of them is
               | always right because they have they think X.
               | 
               | Well, I wouldn't agree with that either, but that's not
               | what I'm saying. As I mentioned it is possible to
               | misinterpret. What I am saying is this is knowable. I can
               | understand how you took this from what I said, and I'll
               | try to express myself more clearly in the future, but
               | allow me to highlight part of my comment:
               | 
               | > [I]t may not be possible to describe, _it may not be
               | infallible_ , but it is real.
               | 
               | Something to consider is that your criticism works both
               | ways. If Fred feels that Bob is bullying him, and Bob
               | feels he is offering tough love and not bullying Fred, by
               | your logic we can't dismiss Fred's assertion.
        
               | throwaway290 wrote:
               | > The NVC approach would recommend that instead of
               | "you're being a bully", you could say "When you said XX,
               | I feel rejected and small". Its a much more vulnerable
               | statement, but its much more powerful to hear.
               | 
               | Telling how you feel instead is self-sacrificial as it
               | intuitively feels promoting further bullying and trauma,
               | since these feelings must be what the bully wants. To the
               | bullied saying something like that may feel as digging
               | own grave.
               | 
               | But yes, assuming bullying is assuming what goes on in
               | another's head. I can more than identify that mild tease
               | can be an indication of familiarity and rapport.
               | 
               | So the best way to stop bullying is from the outside. _If
               | you suspect bullying intervene_ , if it's not obvious
               | right away you don't need to flat out presume bullying
               | takes place but you can engage the participants and get a
               | better picture based on their responses.
        
               | maxbond wrote:
               | > So the best way to stop bullying is from the outside.
               | 
               | I don't know about anyone else, but I can't recall anyone
               | ever sticking up for me or intervening when I was being
               | bullied. Frequently this happens outside anyone else's
               | view. In the context of school bullying, the teachers
               | never seemed to believe me, or would "both sides" the
               | issue and punish everyone involved. In the context of
               | bullying online, many times this happened to me directly
               | in front of mods who didn't really give a shit.
               | 
               | So I'd encourage people to intervene sure, but is that
               | really the most effective strategy...? I think being able
               | to call this out is a life skill, and being able to
               | recognize you're on a path to bully someone and managing
               | those emotions is also a life skill.
        
               | josephg wrote:
               | > since these feelings must be what the bully wants. To
               | the bullied saying something like that may feel as
               | digging own grave.
               | 
               | Maybe. Its a vulnerable move because what happens next is
               | up to the bully.
               | 
               | Almost everyone in life needs to find a way to tell a
               | hero story of themselves. If the bully is telling
               | themselves a story that "its just some lighthearted fun",
               | then that story will struggle to survive the
               | uncomfortable reality of whats going on for you. Almost
               | everyone I've ever met is like this. Decent people
               | instinctively respond to vulnerability with
               | vulnerability.
               | 
               | But yeah - sometimes people are actually sociopathic and
               | want suffering for its own sake. Giving sociopaths more
               | power is rarely a winning move. I can count on one hand
               | the number of people who've responded to me expressing
               | vulnerability by doubling down on their awful behaviour,
               | or weaponising that against me. I don't think I've ever
               | regretted burning people like that out of my life.
        
               | skissane wrote:
               | One of the problems with labelling someone's behaviour as
               | "bullying", is it risks derailing the conversation from
               | focusing on the actual behaviour and the problem it is
               | causing, to semantic disputes about what counts as
               | "bullying". I don't think there is a single universally
               | agreed definition of the term; and even with an agreed
               | definition, employment lawyers will make whole careers
               | out of litigating the boundaries of that definition
               | 
               | I think it can be much more constructive to focus the
               | conversation on (1) what is the behaviour, (2) why it is
               | a problem, (3) what could they do instead. That's a
               | useful strategy, whether some problematic behaviour
               | counts as "bullying" or not.
               | 
               | > If you suspect bullying intervene,
               | 
               | If you see a _problem_ , see to it the problem is being
               | handled appropriately. Depending on the situation and
               | your own position, that might be either directly
               | intervening in the problem yourself, or maybe just making
               | sure the appropriate people are aware of it. That's true
               | whether the problem counts as "bullying" or not.
        
               | throwaway290 wrote:
               | > If you see a problem, see to it the problem is being
               | handled appropriately.
               | 
               | This is not what I meant. I meant that bullying is a
               | special case, it is insidious because it both traumatizes
               | and the only way to handle it properly is often from the
               | outside so it is different from many other problems that
               | can (and often should) be resolved between parties
               | involved.
        
             | [deleted]
        
             | [deleted]
        
             | josephg wrote:
             | > You should give a concrete example
             | 
             | This isn't a perfect example, but -
             | 
             | I was at a personal development workshop a couple of weeks
             | ago.
             | 
             | One of the participants was expressing a lot of fake
             | positivity. I (and a lot of the other participants) got a
             | bit annoyed by that - it felt to us like he was lying every
             | time he opened his mouth. At dinner he asked for "honest
             | feedback" on why other people didn't like him, and what he
             | could do to be more appreciated by the group. He got what
             | he asked for. Several people told him how they felt when he
             | talked. He got really upset hearing that - saying he was
             | being bullied by the whole group. Something he's
             | experienced a lot of throughout his life.
             | 
             | How can you be honest with someone like this without him
             | being able to turn it into an attack? I don't know if you
             | can. The shadow part of him is too clever. Should we have
             | refused to give him the feedback he asked for? The same
             | pattern played out in small ways a few more times over the
             | next few days. Someone would say something in the group
             | which related to him in some way. The next morning he'd try
             | on a versions of the previous day's events in which
             | everyone else's stories were about him. And he was always
             | the victim.
             | 
             | In a work setting where people don't have complete
             | information, he'd be a menace. He could turn anything he
             | didn't like into an instance of "bullying and harassment".
             | I don't think he does it on purpose, but that doesn't make
             | it any better.
             | 
             | Even weeks after the retreat I'm still thinking about him -
             | I have no idea how I'd deal with someone like that if they
             | were in my life. A soft "believe all victims of harassment"
             | approach would encourage his narcissism. But his pain still
             | seemed real. It felt like I kept having to choose between
             | self abandonment (staying small, lying about my feelings)
             | or risking hurting this guy. I hated it.
        
               | spritefs wrote:
               | That guy just sounds crazy and not at peace with himself.
               | 
               | Also in my original comment, I wasn't trying to make a
               | universal claim about communication in general. If I was
               | dealing with the above person, I'd likely just not
               | respond and avoid them for the rest of the workshop
               | (because bad vibes). But if I absolutely HAD to respond
               | to that kind of person, I would sure as fuck lie to their
               | face just to get them to fuck off
        
               | baxtr wrote:
               | In a work setting it's crucial not to hire such people in
               | the first place. And if you mistakenly did, to remove
               | them asap.
        
               | amatecha wrote:
               | That's interesting. He "got what he asked for", eh? How
               | was the feedback delivered? Did you guys give him neutral
               | feedback without applying judgement to how he was acting?
               | I'm guessing not. Sometimes people are asking for
               | something other than what their literal words mean. (I'm
               | not saying you and/or the group did anything wrong, just
               | wondering how it all went down, guessing it wasn't the
               | most generous delivery haha)
               | 
               | I've known people who have been interpreted exactly that
               | way -- they seem "fake" in their positivity, when in fact
               | they are just naive or clueless about how an endless
               | barrage of overly-kind sentiments will be taken. I've
               | watched it unfold over years, and see people continuously
               | (and incorrectly) interpret this person as "just trying
               | to get people to like [them]". Also, this is a not-
               | uncommon criticism of autistic people - many get the
               | feedback that they seem totally insincere and even
               | sarcastic when they are being totally genuine. Another
               | thing I've seen play out tons of times.
               | 
               | He honestly probably shouldn't have even asked for such
               | personal feedback, because that wasn't really the
               | environment to ask such a personal and potentially-risky
               | question, but further, I wouldn't have even answered him
               | (though I can't tell without having been there and seen
               | the whole day unfold, etc.) ...
               | 
               | You can definitely be honest with someone without it
               | being an attack, but it can be an art form. It can be
               | really hard to share feedback with sensitive people who
               | are extremely prone to taking things personally. IMO if
               | you don't feel you have expert-level abilities here,
               | don't even bother engaging with a person like that in
               | that way, it's just going to end badly. There's a reason
               | I'm super sincere and frank with some coworkers, and
               | gloss over (or straight-up avoid) that stuff with others.
               | I have a sense of who can approach it with maturity and
               | who won't. With some people, it's basically a "trap",
               | even if they don't consciously intend to be that way.
               | Everyone has had their own journey up to the point you
               | meet them, and sometimes that journey has been perilous
               | and full of harm to their psyche.
        
               | DiggyJohnson wrote:
               | Your first paragraph seems to hint this group of people
               | should have done even more than they did: not sharing
               | their opinion until explicitly asked. Implying that they
               | may ought to have given the feedback with even more
               | sensitivity is exactly the problem, it's asking too much
               | of the frank/sincere/mature person who to placate an
               | adult with an unhealthy perspective of their life.
               | 
               | I'm not sure I explained my point very clearly, but what
               | I mean is essentially: how far must we be expected to go
               | to anticipate and maneuver around such sensitive souls?
               | 
               | Edit: rereading your comment, I think I didn't respond to
               | a key area of confusion / disagreement. Being "fake"
               | versus "being naive or clueless". Giving feedback that
               | someone comes across as fake could mean that they seem
               | dishonest, but I don't think that's the obvious
               | interpretation in a situation like this. Being overly
               | positive might seem fake on account of naivety or
               | cluelessness. Any of these - naivete, cluelessness, or
               | dishonesty in communication - are all things that a
               | professional should be corrected on when appropriate
               | (like asking for honest feedback).
        
               | kodah wrote:
               | > How can you be honest with someone like this without
               | him being able to turn it into an attack?
               | 
               | The solution is gray manning. Don't react to peoples
               | emotional swings, controversial statements, and throw
               | everything they say to the wind but the nuts and bolts.
               | You don't know this person, you don't need to like them,
               | you just need to exist with them for a bit.
               | 
               | Some people from the corporate world I like and become
               | friends; everyone else gets a git clone --depth 1 when
               | I'm around them.
               | 
               | ---
               | 
               | There are a lot of plausible explanations for his
               | behavior. In some he's a bonafide victim, in others he
               | could have a personality disorder. To you, as a transient
               | existence in his reality and vice versa, none of those
               | matter.
        
               | baxtr wrote:
               | What is gray manning?
        
               | newaccount74 wrote:
               | I think it's more commonly known as "gray rocking", ie.
               | pretend to be a gray rock.
               | 
               | Don't make eye contact, don't smile or frown, don't show
               | any emotional reaction, reply in the most minimal,
               | factual, emotionless manner possible.
        
           | Viliam1234 wrote:
           | There is a difference between "abrasive" and "so abrasive
           | that you need to legally prevent your employees from
           | mentioning it outside the company". Apple is apparently in
           | the latter category.
        
       | warbler73 wrote:
        
         | musicale wrote:
         | ???
        
       | warbler73 wrote:
        
       | nickff wrote:
       | The elimination of the gag clauses will reduce payouts, and
       | likely the rate of settlement of these cases, a trade-off I
       | rarely see addressed. Could at be that this change will benefit
       | many, and cost victims?
        
         | babyshake wrote:
         | I don't follow the logic. Why would this reduce the rate of
         | settlement?
        
           | AnthonyMouse wrote:
           | Suppose there is a borderline case. Company thinks they have
           | a 25% chance or more to win in court, but then reporters
           | would write stories about the case it's bad PR. Could be
           | better to settle so nobody ever hears about it, even if they
           | could win.
           | 
           | If reporters are going to write stories about it anyway,
           | might as well fight.
        
           | nickff wrote:
           | The purchaser of a settlement (in this case Apple) is buying
           | a 'basket' of things (non-disclosure potentially being one of
           | them). Taking one item out of the basket will make the basket
           | less valuable (less worth pursuing for plaintiff lawyers),
           | and disclosure of settlements will (obviously) increase their
           | visibility, which is undesirable (and may increase the number
           | of victims wishing to pursue them).
        
           | olliej wrote:
           | It took me a moment to understand what they're saying, but I
           | think that they're talking about post lawsuit settlement
           | restrictions which certainly exist, vs speaking out about
           | issues before a lawsuit.
           | 
           | Restrictions on talking about an event is standard in most
           | settlements as part of the "paying someone to disappear"
           | solution to illegal working conditions. Presumably the "just
           | shut up about it" has some value to the company which would
           | now be lost.
        
         | ProAm wrote:
         | How much payout is worth silence for the next generation? Im
         | not speaking about Apple specifically but all agreements like
         | this are worse for everyone except the stock holder right?
         | Companies are people (in the US) so its good for one slice of
         | society I guess.
        
           | nickff wrote:
           | I don't know the answer to that question, but it's definitely
           | worth thinking about!
        
         | gumby wrote:
         | There's no need to see it so zero sum. Typically in civil
         | cases, especially of this nature, the payment is a combination
         | of restitution ("pain and suffering") and a penalty.*
         | 
         | If the lack of gag clauses means there will be earlier
         | intervention, then there will be fewer cases that are so bad
         | that they need litigation: a good thing (perhaps this is what
         | you mean by "benefit many").
         | 
         | Ones that, despite the removal of the gag clause, become so
         | egregious that a successful lawsuit results, will still be
         | subject to the same calculus: restitution + some penalty that
         | may be higher, same, or lower.
         | 
         | So the victims should suffer no loss: any restitution would be
         | decided the same way as without the gag rule.
         | 
         | * In a just system the penalty should not go to the victim but
         | into the general fund, as punishment is really the
         | responsibility of government, not private actors, and in
         | awarding punishment the jury is acting as part of the court,
         | thus as an organ of government. Giving it to the victim is
         | second best, and better than not assessing punishment at all,
         | and having these fines stapled to private cases is itself a
         | good idea. But they shouldn't go to the victim -- if the
         | restitution is inadequate, address that instead.
         | 
         | It's OK that any lawyer commission includes the total sum, as
         | reasonable restitution alone may not be a large enough figure
         | for a lawyer to take the case.
        
       | BEEdwards wrote:
       | >employee gagging clauses related to workplace harassment
       | 
       | maybe I'm incredibly naive to the world, but the fact that this
       | is a thing completely baffles me.
       | 
       | How can an employer prevent you from speaking about working
       | conditions? Even from the companies perspective, this ban would
       | seem to make it more advantageous to go public first, before
       | reporting to the company which would limit your ability to do
       | so...
        
         | CPLX wrote:
         | They can't prevent you from doing anything, but you can agree
         | not to and agree to consequences if you don't.
         | 
         | Whether this is ethical or not is another (and important)
         | question but that's the legal framework to it.
        
           | pannSun wrote:
           | There are plenty of limits on what contracts may contain*, so
           | the "it's legal if both parties sign the dotted line" is, for
           | now, fiction. It's also what every entity able to compel
           | people to agree to its contracts is lobbying for.
           | 
           | *For example, in right-to-work states, employers can't agree
           | to hire only union labor. Strange that _that_ is prohibited,
           | but an omerta imposed on workers is not.
        
         | tgsovlerkhgsel wrote:
         | The clause likely isn't "you can't talk about harassment" but
         | "you can't talk about anything that happens at work". That then
         | gets changed into "you can't talk about anything that happens
         | at work, except your working conditions which you have a legal
         | right to discuss", which means any time you talk you risk that
         | your employer will disagree whether it falls under that and
         | ruin you with a lawsuit, so you don't talk...
        
         | Hnrobert42 wrote:
         | They offer a settlement in exchange for silence. If you talk
         | (before or after), you don't get the money.
        
       | WalterBright wrote:
       | > New customers only
       | 
       | Back in the old Zortech days, my partner wanted to offer a great
       | deal to new customers.
       | 
       | When I'm a long time customer of some business, I get a bit
       | miffed when new customers are offered better deals. So I talked
       | him into giving the great deal to existing customers, and new
       | ones get to pay full price.
       | 
       | It worked out rather well!
        
         | rqtwteye wrote:
         | It annoys the hell out of me that in the current economy it
         | seems that loyalty gets punished. New customers often get the
         | best deals and get fleeced once the promo runs out. New
         | employees get hired at higher salaries than people who have
         | been with the company for years. I think in the long run this
         | is really corrosive for society.
        
           | tgsovlerkhgsel wrote:
           | This is common because there is a cost (usually non-monetary:
           | effort, risk, having to evaluate offers etc.) to changing the
           | status quo.
           | 
           | You're always to some extent buying a cat in a bag, once you
           | know what's in the bag, and the payments are set up etc., it
           | makes sense that the service is worth more to you.
           | 
           | The same goes the other way too, however: Acquiring a new
           | customer is costly (see above - you usually have to give them
           | an extra incentive, you need to find/advertise to customers,
           | etc.), so keeping a customer is worth a lot.
           | 
           | Which often means that there are great deals either for new
           | customers or to retain ones that are plausibly threatening to
           | leave (ever called your ISP to end your contract? wondering
           | why many try to force you to talk to them before ending a
           | contract?) and the rest that doesn't have the energy to play
           | the game gets screwed. So you will get the "loyalty deal" but
           | only if you put work into it.
           | 
           | I agree that it really sucks, but I think that's just how
           | incentives are aligned, and incentives tend to lead to
           | outcomes.
        
           | AmericanChopper wrote:
           | I can't see how this is corrosive for society exactly, but
           | this strategy exists because it works (even though it's not
           | without some downsides). Churning isn't free, the
           | employee/customer has to commit resources to churning, and
           | especially in the case of an employee, accept risks.
           | 
           | You're always going to have some churn, so no matter what
           | approach you're taking you always have to tune the incentives
           | so that churn occurs at the level you've deemed acceptable.
           | If retention becomes dramatically cheaper than acquisition,
           | then the existing customers/employees really only have
           | themselves to blame.
        
           | luckylion wrote:
           | This exact culture in the economy has made me go from a 15
           | year contract with my local utility company to using a
           | service (for any Germans: go look up switchup) that handles
           | cancelling and getting a new contract with one of the large
           | power companies each year. You'll get market rates and a
           | substantial bonus.
           | 
           | I wouldn't have made that step if they hadn't originally
           | increased the price for me while offering better conditions
           | for new customers.
        
           | smarmgoblin wrote:
           | I wonder, do you see this changing now that the strategy of
           | growth-at-all-costs is, at least for now, receiving more
           | scrutiny?
        
             | rqtwteye wrote:
             | Somehow I doubt it. They will just use different language.
        
               | culi wrote:
               | In this modern age we should be able to offer something
               | like "micro-stocks" to customers. Like a "our product
               | isn't there all the way there, but you use us because you
               | believe in us so we promise that if we are successful
               | we'll pay back the people that believed in us".
               | 
               | Even if the fractions are so small that it only amounts
               | to cents, early supporters now have every incentive to
               | tell ALL their friends about it and root for you however
               | they can
               | 
               | As a customer you also get the piece of mind that later
               | price changes won't be unfair to you. You know that you
               | were somehow compensated for your early commitments. In
               | fact you even stand to benefit from all the new customers
               | price drops could be bringing in
        
               | ycombobreaker wrote:
               | If 500 customers did this, I think the SEC would label
               | this as a "security" and the company would be required to
               | register as a public company, more or less. This is
               | essentially what happened to Facebook which led to them
               | going public: the private equity pool became too diverse
               | and triggered this threshold, so publicly listing made
               | sense.
               | 
               | Why don't Kickstarter campaigns have this problem? AFAIK
               | it's because they are just presales, there's no notion of
               | ownership so they aren't treated as securities. A poorly-
               | designed kickstarter that looked like micro stocks would
               | probably get shot down.
        
               | dontknowwhyihn wrote:
               | If only there were some way to issue digital "tokens" in
               | situations like this..
        
               | culi wrote:
               | one bitcoin transaction consumes 1,449 kWh, or about as
               | much as 50 days of power for the average US household
        
               | laserlight wrote:
               | Bitcoin is not the only digital token technology.
               | Ethereum consumes a fraction of the energy Bitcoin
               | consumes.
        
               | culi wrote:
               | Right Ethereum is really lucky to have Bitcoin around to
               | make it look good. It (very recently) cut it's energy
               | usage by ~99.84% yet one ETH transaction is still 50x the
               | amount of energy as a MasterCard transaction
        
               | laserlight wrote:
               | Thanks for clarifying. This seems to be a better picture
               | of reality compared to your previous comment.
        
               | DavidPeiffer wrote:
               | >one bitcoin transaction consumes 1,449 kWh
               | 
               | Thank you, I knew it was an energy hog, but had never
               | looked at it this way.
               | 
               | That's enough electricity to melt 2 tons of aluminum, or
               | about half an hour of peak production from an average
               | size US wind turbine.
        
               | rightbyte wrote:
               | You mean stocks?
        
           | JKCalhoun wrote:
           | Yes, it is often referred to as a "loyalty tax". Auto
           | insurance companies purportedly count on it to increase their
           | profits.
           | 
           | And speaking of salaries, I saw fellow engineers that came
           | and went from tech jobs, staying perhaps about a year at
           | each. I didn't have the self-confidence or stress-tolerance
           | to do the same but they always seemed to make bank doing this
           | -- getting a larger compensation with each jump.
        
           | davidkuennen wrote:
           | Not always. Some services I use have increased their prices
           | dramatically, but I'm still on the old grandfathered plans.
           | 
           | I do that for my users as well. If I increase the pricing for
           | the paid subscription, all existing paid users will always
           | keep the old, cheaper plan.
        
             | pooper wrote:
             | quite literally, T Mobile will introduce a new price tier
             | iirc next week where bundling any postpaid voice line with
             | home Internet will mean your home Internet will be USD 25 a
             | month, down from USD 50 a month. Existing home Internet
             | customers are excepted.
             | 
             | I am not a big fan of cable but I have since signed up for
             | time warner spectrum for Internet just in case...
             | 
             | These companies assume we are too lazy, misinformed, and
             | stupid to do anything.
             | 
             | Edit: charter, not time warner (?)
        
               | piskerpan wrote:
               | > These companies assume we are too lazy, misinformed,
               | and stupid to do anything.
               | 
               | Correctly assume *
               | 
               | HN is not representative of the general population, a lot
               | of people don't bother to switch every provider every
               | year, especially when they have obnoxious clauses like
               | "this will renew in 12 months at 500% the price unless
               | you send a signed letter at least 90 days in advance."
               | Yes, probably illegal, still doesn't stop them from
               | trying.
               | 
               | Even I, attentive as I am, still get fleeced every once
               | in a while.
        
           | kodah wrote:
           | > New employees get hired at higher salaries than people who
           | have been with the company for years
           | 
           | A good number of companies have committees and HR reviewing
           | salaries annually for anomalies. That does make employment
           | worse in some ways, but at least not in the way you
           | specified.
        
         | maxbond wrote:
         | I don't disagree your point here, but those seem to serve
         | different purposes? Was your partner not trying to address a
         | need for new customers/revenue? Did this result in current
         | customers expanding their business with you enough that this
         | wasn't necessary then?
        
         | User23 wrote:
         | It's the same for employees. New hires generally get
         | considerably better comp than veterans. In both cases it's
         | taking existing relationships for granted.
        
       | TrinaryWorksToo wrote:
       | https://archive.vn/1DhBU
        
         | neonate wrote:
         | That's down for me but I got to the text by googling the title
         | first:
         | 
         | https://www.google.com/search?q=Apple%20to%20end%20employee%...
        
           | skissane wrote:
           | Do you use Cloudflare DNS, 1.1.1.1? It is a known issue that
           | archive.ph/md/vn doesn't work with that due to some dispute
           | its operate has with them. Cloudflare refuses to send some
           | DNS option on privacy grounds, which the operator of that
           | site insists they need; in response, they configured their
           | DNS servers to block Cloudflare.
        
             | 1vuio0pswjnm7 wrote:
             | echo 41.77.143.21 archive.vn >> /etc/hosts
             | 
             | The other issue is archive.ph and friends are DNS-blocked
             | in some countries.
             | 
             | 12ft.io is a well-known workaround for ft.com.
             | cat > 1.sh               #!/bin/sh         read x;
             | x=$(echo "$x"|yy046); #FN1 URL encoding         #echo
             | "https://12ft.io/api/proxy?ref=&q=$x"|yy025|nc -vv h1b
             | 80|yy054|zcat         exec tnftp -4o"|gzip -dc"
             | "https://12ft.io/api/proxy?ref=&q=$x"             ^D
             | echo https://www.ft.com/content/8cd27d16-c996-4dc7-86af-
             | ed6f40ff361c|1.sh > 1.htm         firefox ./1.htm
             | FN1. Use whatever one's own preference for URL encoding.
             | Many options, e.g.,
             | https://rosettacode.org/wiki/URL_encoding yy046 is mine.
             | cat > 046.l                          int fileno(FILE *);
             | #define p(x,y) {putchar(37);putchar(x);putchar(y);}
             | %option nounput noinput noyywrap        %%        \x20
             | p(50,48); /* space */        \x21 p(50,49); /* exclamation
             | mark */        \x22 p(50,50); /* double quote */
             | \x23 p(50,51); /* pound sign */        \x24 p(50,52); /*
             | dollar sign */        \x25 p(50,53); /* percent sign */
             | \x26 p(50,54); /* ampersand */        \x27 p(50,55); /*
             | single quote */        \x28 p(50,56); /* opening
             | parenthesis */        \x29 p(50,57); /* closing parenthesis
             | */        \x2A p(50,65); /* asterisk */        \x2B
             | p(50,66); /* plus sign */        \x2C p(50,67); /* comma */
             | \x2F p(50,70); /* forward slash */                \x3A
             | p(51,65); /* colon */        \x3B p(51,66); /* semi-colon
             | */        \x3C p(51,67); /* less than */        \x3D
             | p(51,68); /* equals sign */        \x3E p(51,69); /*
             | greater than */        \x3F p(51,70); /* question mark */
             | \x40 p(52,48); /* cuneiform */                \x5B
             | p(53,66); /* opening bracket */        \x5C p(53,67); /*
             | backslash */        \x5D p(53,68); /* closing bracket */
             | \x5E p(53,69); /* caret */                \x60 p(54,48); /*
             | backquote */                \x7B p(55,66); /* opening brace
             | */        \x7C p(55,67); /* vertical bar */        \x7D
             | p(55,68); /* closing brace */        \15        %%
             | int main(){ yylex();exit(0);}                ^D        flex
             | -8iCrf 046.l        cc -O3 -std=c89 -W -Wall -pedantic
             | -pipe lex.yy.c -static -o yy046         strip -s yy046
        
             | smeej wrote:
             | I use 1.1.1.1 and use archive.ph practically every day
             | without issue.
             | 
             | I'm not sure this info is current.
        
               | skissane wrote:
               | It definitely used to be true, and if it isn't true any
               | more, it isn't clear when it stopped being true.
               | 
               | I found someone 9 months ago reporting the issue was
               | still happening for them -
               | https://news.ycombinator.com/item?id=30737328 - so maybe
               | something has changed in the last 9 months.
        
               | smeej wrote:
               | That's very strange, because I've been using it without
               | issue at least twice that long.
        
               | wil421 wrote:
               | I've been using it about as long as you and I have had
               | issues with the domain.
        
             | alecco wrote:
             | CloudFlare is in the right. This is for privacy. Just put
             | the IPs on your hosts file, it's easy.
             | https://dns.google/query?name=archive.is
             | 
             | 54.37.18.234 archive.today 54.37.18.234 archive.is
             | 
             | While there try a hosts blocklist
             | http://someonewhocares.org/hosts/
             | 
             | [0] https://news.ycombinator.com/item?id=29024952
        
             | greenyoda wrote:
             | Just wanted to add that archive.* works OK with NextDNS,
             | which both Firefox and Chrome allow you to select as a DNS
             | provider for DNS-over-HTTPS.
        
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       (page generated 2022-12-10 23:02 UTC)