Still have my W800. It was a marvel at the time, still is really. The only thing that irked me what the proprietary connector - which has perished now.
I don't think that's true in most situations. I think most companies would still pay a severance out of a general effort to smooth things over, and some sense of social loyalties.
And some aspects of the agreement would be fine. No spilling actual business relevant secrets, nothing that would count as libel or slander, etc.
Nope, they'd have security show you the door and maybe threaten to sue you into the ground if you talk. They choose mkney because money is easier, but if you take this option away, you just get the stick and no carrot.
True but not the ones who will be firing you. At least not in big corp, it would be some HR worker who doesn't know you from Adam and couldn't care less about you.
But then Facebook would have had no incentive to offer the agreement to her. And she must have been very happy with what she got in the deal, given she gave up the option of talking about all the apparently horrible misdeeds she witnessed while they were still fresh, rather than a decade later.
Plenty of companies have nonenforcable clauses in their contracts. Either by momentum or stupidity. That's despite the inclusion of such conditions can often void a contract in its entirety.
Is there an incentive to have unenforceable clauses? Yes, of course. The same way one might be incentivized to say they will harm you if you do not do what they want even if they have no intention of harming you.
It's called "a bluff". Play some poker, you'll see how effective this strategy really is.
A company can craft whatever document they want. That doesn't make them legal. The laws of the jurisdiction they're in always beat whatever you're signing.
Best example in software are non competes.
A company can make you sign something that doesn't allow you to do any software development when you're a developer.
You can sign that today then do the opposite tomorrow because that's just against the law.
Of course it depends on the nature of the business but push that too far and you can lock yourself out of projects that require work to be performed on US soil.
I work for a very small company and we've seen by that stipulation a couple of times on anything _remotely_ close to defense/MIC/security.
And the administration can tighten those screws further if it desires.
(I am the only H1B in the history of the company, now a citizen. It would have been impossible to have taken this path with this alleged financial burden)
I bought a house while on H1B in 2014.
If the climate was like it is now back then, I would have waited for my GC or, for everything to calm down.
But I wouldn't have left...
Edit: BTW it was far far from a low-risk venture in 2014.