Sunday, April 28, 2013

Pre-Interview NDAs Are Bad

I get quite a few emails from business folk asking me to interview with them or forward their request to other coders I know. Given the volume it isn't feasible to respond affirmatively to all these requests.

If you want to get a coder's attention there are a lot of things you could do, but there is one thing you shouldn't do: require them to sign an NDA before you interview them.

From the candidates point of view:

  1. There are a lot more ideas than qualified candidates.
  2. Its unlikely your idea is original. It doesn't mean anyone else is working on it, just that someone else probably thought of it.
  3. Lets say the candidate was working on a similar, if not identical project. If the candidate fails to continue with you now they have to consult a lawyer to make sure you can't sue them for a project they were working on before
  4. NDAs are hard legal documents and shouldn't be signed without consulting a lawyer. Does the candidate really want to find a lawyer before interviewing with you?
  5. An NDA puts the entire obligation on the candidate. What does the candidate get from you?
From a company founders point of view:
  1. Everyone talks about the companies they interview with to someone. Do you want to be that strange company which made them sign an NDA? It can harm your reputation easily.
  2. NDAs do not stop leaks. They serve to create liability when a leak occurs. Do you want to be the company that sues people that interview with them?

There are some exceptions; for example government and security jobs may require security clearance and an NDA. For mose jobs it is possible to determine if a coder is qualified and a good fit without disclosing confidential company secrets.