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Could non-compete clauses at Twitter prevent a Threads boom?

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‘Airtight NDA’

If Musk’s claims are true, a nondisclosure agreement (NDA) could have been useful to prevent such a thing from happening, said Rob Wilson, employment expert and president of Employco USA, a national employment solutions firm.

“Non-competes are difficult in California,” said Wilson. “It’s illegal to enforce any non-compete there that could impede an employee’s shot at a future job. But, if what Musk is saying is true, his ex-employees used his ideas, which could possibly have been prevented with an airtight NDA.”

The wisest course of action for Musk would have been a generous severance package handed over to Twitter employees with a bonus for signing a non-compete, Wilson said.

In April, Musk, in an interview with BBC, said that Twitter’s workforce count had been cut to about 1,500 from the previous 8,000.

“If you’re worried about your ‘trade secrets,’ as Musk calls them, you really need airtight language on your noncompete as well as patents,” said Wilson. “In an ideal workspace, every employee would leave with knowledge and experience that they can apply in their future careers. But if it’s your secret sauce, you have to lock down these ideas with contracts.”

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