Whistleblower casts doubt on Apple's claims that it doesn't silence employees
Cher Scarlett, a central organizer of the #AppleToo movement, said Apple attempted to get her to sign a strict NDA as part of a separation agreement that she didn't end up signing.
Credit: Apple
Scarlett was an early founder of the #AppleToo movement, which sought to bring light to alleged racism, sexism, inequality, and other issues at Apple. After reaching a settlement with Apple, Scarlett agreed to leave the company and drop a National Labor Relations Board complaint. The complaint is still on the books at this time.
As part of a separation agreement offered in October, Apple lawyers attempted to get Scarlett to sign strict nondisclosure and non-disparagement clauses. Some of the language in the agreements outlined exactly what Apple wanted Scarlett to say about her departure: "After 18 months at Apple, I've decided it is time to move on and pursue other opportunities."
Scarlett told Business Insider that she was "shocked" by the clause.
"In my mind, I should be able to say whatever I want as long as I'm not defaming Apple," she said.
The #AppleToo organizer declined to sign the gag order. However, Business Insider reports that it was fresh on her mind when the company made several statements to the Securities and Exchange Commission in October.
In response to a shareholder proposal expressing concern about the use of NDAs "in the context of harassment, discrimination, and other unlawful acts," Apple told the SEC that it doesn't use such clauses.
However, Scarlett filed a whistleblower complaint on Oct. 25 calling Apple's statements to the SEC "false statements or misleading." She cited her own experience receiving NDAs from Apple, and included a copy of the settlement agreement with her whistleblower complaint.
On Monday, Nia Impact Capital -- the activist shareholder group that expressed the NDA concerns -- informed the SEC on Monday that it had "received information, confidentially provided, that Apple has sought to use concealment clauses in the context of discrimination, harassment, and other workplace labor violation claims." Scarlett revealed that she was the source of the information Monday evening.
The separation agreement from October is separate from the pending settlement with Apple that prompted the dropping of the NLRB complaint.
Apple is in the midst of controversy surrounding employees organizing. While the notoriously secretive company condemned recent leaks to the press, Apple earlier in November issued a memo that affirmed employees' rights to openly discuss pay and workplace conditions.
Back in October, Ashley Gjovik -- who was fired in September for allegedly sharing confidential information -- also filed a complaint with the SEC.
Read on AppleInsider
Credit: Apple
Scarlett was an early founder of the #AppleToo movement, which sought to bring light to alleged racism, sexism, inequality, and other issues at Apple. After reaching a settlement with Apple, Scarlett agreed to leave the company and drop a National Labor Relations Board complaint. The complaint is still on the books at this time.
As part of a separation agreement offered in October, Apple lawyers attempted to get Scarlett to sign strict nondisclosure and non-disparagement clauses. Some of the language in the agreements outlined exactly what Apple wanted Scarlett to say about her departure: "After 18 months at Apple, I've decided it is time to move on and pursue other opportunities."
Scarlett told Business Insider that she was "shocked" by the clause.
"In my mind, I should be able to say whatever I want as long as I'm not defaming Apple," she said.
The #AppleToo organizer declined to sign the gag order. However, Business Insider reports that it was fresh on her mind when the company made several statements to the Securities and Exchange Commission in October.
In response to a shareholder proposal expressing concern about the use of NDAs "in the context of harassment, discrimination, and other unlawful acts," Apple told the SEC that it doesn't use such clauses.
However, Scarlett filed a whistleblower complaint on Oct. 25 calling Apple's statements to the SEC "false statements or misleading." She cited her own experience receiving NDAs from Apple, and included a copy of the settlement agreement with her whistleblower complaint.
On Monday, Nia Impact Capital -- the activist shareholder group that expressed the NDA concerns -- informed the SEC on Monday that it had "received information, confidentially provided, that Apple has sought to use concealment clauses in the context of discrimination, harassment, and other workplace labor violation claims." Scarlett revealed that she was the source of the information Monday evening.
The separation agreement from October is separate from the pending settlement with Apple that prompted the dropping of the NLRB complaint.
Apple is in the midst of controversy surrounding employees organizing. While the notoriously secretive company condemned recent leaks to the press, Apple earlier in November issued a memo that affirmed employees' rights to openly discuss pay and workplace conditions.
Back in October, Ashley Gjovik -- who was fired in September for allegedly sharing confidential information -- also filed a complaint with the SEC.
Read on AppleInsider
Comments
Also, asking someone to sign an NDA does not equate to "silencing" them. This should be blatantly obvious from the get-go, right? But in this case it's even more blindingly obvious: she refused to sign, and here she is complaining to her heart's content.
So perhaps I am just dim or obtuse, but I'm having trouble seeing what the actual problem is, here. She wants to be an Apple critic, she apparently planned to be an Apple critic starting about fifty milliseconds after getting hired by Apple, and, lo and behold, here she is being an Apple critic, unhindered. Great. Have at.
If she's an insipid liar then Apple can and should sue her for slander.
So when someone moans and complains without an expression of gratefulness for the extraordinary plentifulness they have, the complaint cannot be accepted at face value.
It’s a similar problem to the billionaire complaining they couldn’t get their 100th vintage automobile in perfect condition because someone got to it first who wouldn’t appreciate it as much as they believe they would. Or the person throwing a fit because they were ‘misgendered’, while children in other countries don’t even have enough food to be healthy. Those complaints are trite and meaningless in the bigger picture.
And if Apple is lying to the SEC sand shareholders and she has evidence of it then she is definitely a whistleblower.
Is it? Why, because the tech press made it so? It doesn't seem like the rest of the media world cares. I suspect that's because most people just don't believe that racism and sexism is rampant or even a major problem at Apple. You have some (former) employees are who are obvious, vapid publicity whores who created the reductive "#AppleToo" to get their 15 minutes and whatever compensation they could. If there was really a major issue at Apple, you'd see a lot more than some NLRB companies and hashtags.
What she did or didn't do at other companies is irrelevant to the veracity of those facts.