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communityOpenAI · Daniel Kokotajlo · Ilya Sutskever · Jan Leike · Sam Altman

OpenAI departures: Why can't former employees talk?

A restrictive off-boarding agreement that can strip departing employees of vested equity for criticizing the company has silenced former staff, raising questions about OpenAI's commitment to transparency.

OpenAI’s product announcement that ChatGPT can now speak in a human-like voice was quickly overshadowed this week by the departures of co-founder and chief scientist Ilya Sutskever and superalignment team co-leader Jan Leike. The resignations, particularly Leike’s terse ‘I resigned’ message, sparked intense speculation about internal strife at the company. But former employees have remained conspicuously silent — a silence explained by an off-boarding agreement that Vox has seen.

The agreement contains nondisclosure and non-disparagement provisions that forbid former employees from criticizing OpenAI for life, and even acknowledging the NDA’s existence is a violation. Refusing to sign or violating the agreement can result in forfeiture of all vested equity, potentially worth millions. Former employee Daniel Kokotajlo, who quit citing loss of confidence in OpenAI’s responsibility, confirmed he surrendered a huge sum to leave without signing.

The episode highlights a growing tension between OpenAI’s founding mission of transparent, accountable AI development and its increasingly restrictive practices — starkly illustrated by the contrast between a chatty new voice assistant and the gag order on those who know the company’s inner workings.

On Hacker News, the story drew 1,254 points and 961 comments, with many questioning the legality of the agreements. Commenters noted potential conflicts with California’s Silenced No More Act and recent NLRB rulings, while others debated whether the financial incentives would ever make a legal challenge worthwhile.

H
Hacker News commenter modeless@modeless

Called the non-disparagement agreement 'gross' and questioned its legality, suggesting it would take a brave lawsuit to challenge.

H
Hacker News commenter Al-Khwarizmi@Al-Khwarizmi

Expressed confusion that lifetime gag orders could be legal in a country that values freedom of expression.

One year later — open only if you can handle spoilers

The NDA controversy became a recurring theme in OpenAI's narrative, with subsequent departures and whistleblowers citing similar restrictions. The company never fully resolved the tension between its open mission and closed practices, and the equity clawback provision remained a flashpoint in policy debates about AI accountability. A day after the article published, Sam Altman acknowledged on Twitter that the company was changing its offboarding documents to remove the equity-cancellation language.

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