Recent news stories about artificial intelligence and the revolutionary breakthroughs showcased by OpenAI’s ChatGPT made me curious as an employment lawyer: Can AI accurately answer legal questions and draft employment documents, like non-solicitation agreements? It cannot — at least not with consistent accuracy.
AI churns out confident-sounding, personalized answers but those answers often miss the mark. Here’s my experience so far. I went for broke on the first question. I asked the software to write an employee non-solicitation clause enforceable in New Hampshire. To my amazement, it wrote one.
Looks passable, right? It even includes buzz phrases like “directly or indirectly.” But looks are one thing; substantive compliance is another. Most problematically, the AI-generated clause impliedly includes all prospective and potential clients of the company, which is verboten in New Hampshire. While prohibiting solicitation of active prospects the employee was courting while employed with the company might fly, it is unlikely a New Hampshire court would enforce the broad language generated here. There are other issues of being too broadly written because the clause is not tailored to the legitimate needs of the company. The advice at the end about consulting legal counsel turns out to be good advice.
I next asked the software for the differences between Federal and New Hampshire tip pooling laws. Here’s the response:
Much of this is either misleading or wrong. For example, it’s misleading because it says the “employer is not allowed to keep any portion of the tip pool” but doesn’t explain that the term “employer” includes “managers” and “supervisors.” It also totally fumbled New Hampshire law. In New Hampshire, employers cannot require employees to participate in tip pools. NH RSA 279:26-b requires that any tip pooling or tip sharing must be completely voluntary and without coercion.
Changing the search inputs generates