Whistleblowers have recently come forward with allegations against OpenAI, claiming that the company has imposed illegal restrictions on employee communication with government regulators. The accusations were detailed in a letter obtained by The Washington Post, which was sent to Securities and Exchange Commission Chair Gary Gensler by lawyers representing anonymous whistleblowers.
The letter highlights a separate formal complaint filed with the SEC, urging an investigation into OpenAI’s severance, non-disparagement, and non-disclosure agreements. According to the whistleblowers, these agreements not only prohibited and discouraged employees and investors from communicating with the SEC regarding potential securities violations but also forced employees to waive their rights to whistleblower incentives and compensation. Additionally, the agreements required employees to notify the company of any communication with government regulators.
The letter asserts that evidence has been provided to the SEC, demonstrating that OpenAI’s previous non-disclosure agreements violated the law by imposing illegally restrictive contracts on employees as a condition of employment, severance payments, and other financial considerations.
OpenAI has yet to respond to TechCrunch’s request for comment, but a company spokesperson informed The Washington Post that their whistleblower policy is designed to protect employees’ rights to make protected disclosures.
Senator Chuck Grassley (R-Iowa) confirmed that The Washington Post obtained a copy of the letter from his office. He expressed concern over OpenAI’s policies and practices, stating that they appear to hinder whistleblowers’ ability to speak up and receive due compensation for their protected disclosures. Grassley emphasized the importance of whistleblowers in monitoring and mitigating the threats posed by artificial intelligence, asserting that OpenAI’s non-disclosure agreements must be revised if the federal government is to stay ahead in this domain.
Earlier this year, OpenAI faced criticism for its employee exit agreement, which reportedly contained provisions that could strip former employees of their vested equity if they refused to sign the document or violated their non-disclosure agreements. CEO Sam Altman subsequently apologized, assuring that the company had never enforced such provisions and was already working on rectifying the standard exit paperwork.