alt Hacker NewsI'm not sure we can hold individuals responsible for signing these non-disparagement clauses. They often don't have a lawyer to review the paperwork and, I am sure, employers like Facebook aren't going to wait for a new hire to have a lawyer review that paperwork. There's a real pressure to sign everything with HR and get on to starting your new role.
Plus the power imbalance.
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If you can't hold individuals responsible for signing contracts on the premise that they might not read them, you've simultaneously invalidated most contracts, increased the cost to enter a contract (essentially subsidizing the law industry), and severely limited the ability for individuals to enter into contracts — not to mention infantilizing adults who are fully capable of reading a document before signing it.
Furthermore, this was a severance agreement, not employment agreement, so having a lawyer review your contract is not going to delay you from starting your role.
I have my issues with this situation, but "they might not have read/understood the contract" isn't one of them.
In this case the author is an attorney, so can presumably understand a contract she signed.
And the non-disparagement wasnt in her hire agreement, it was in her severance agreement, in exchange for a negotiated amount of money. Author was wealthy enough to afford dedicated lawyers to review.