Live data from Hacker News

Ask HN: Company got acquired, new contract seems oppressive

news.ycombinator.com

11–20 of 291 posts

Re: Ask HN: Company got acquired, new contract seems oppressive

#12
post #8

Earlier quoted context omitted.

Whats the best way to go about finding one on short notice in a generic major city?

If you're in California I can give you a recommendation (I have no affiliation with him aside from hiring him in the past). I don't know of a general way of finding a lawyer on short notice.

As can I

Re: Ask HN: Company got acquired, new contract seems oppressive

#14
Are there any "uber for lawyers" services online

c.f. Lawdingo (YC 13), which is Uber for lawyers. No relation; never pulled the trigger on actually using it.

Incidentally, my last employment contract had a similar clause in it. After consulting with my bosses, who thought it was the usual boilerplate and didn't really expect a young engineer to have meaningful IP, we came up with a list which looked like:

1) Bingo Card Creator [the only IP I was really worried about] 2) Various contributions to the OSS projects listed in Appendix A [these days I'd literally just print a listing of all repos in Github] 3) Miscellaneous computer programs, inventions, and documents which exist on physical or electronic media as of $DATE and are impractical to list -- $COMPANY acknowledges this disclosure is adequately specific for its purposes

Re: Ask HN: Company got acquired, new contract seems oppressive

#15
post #13

Talk to a labor union.

:-)

Why the down votes?

This is a serious suggestion; I don't know the exact situation in America but in Europe all trade unions have trained advisers looking at stuff like this every day.

Going to an union is a much more effective and cheaper solution than every employee talking to an employment lawyer on their own.

Re: Ask HN: Company got acquired, new contract seems oppressive

#17

Find an employment attorney. Pay that person for an hour or two to read the contract for you. They will be able to offer much better advice than HN.

Whats the best way to go about finding one on short notice in a generic major city?

I've had success selecting lawyers with Avvo in the past. They have a new service called AvvoAdvisor that will connect you with a lawyer immediately (I haven't tried it, but I've tried Lawdingo which was OK). I think this can help you perhaps get a bird eye view on your matter and pre-select someone for more thorough work.

Re: Ask HN: Company got acquired, new contract seems oppressive

#18
This is standard practice in most default employment contracts, including literally every single one I've signed as an employee. It's in our employer contract too, and we've all signed it.

I usually include, as one of the disclosed items, something along the lines of "other open source or business ideas I may come up with or have come up with on personal time and while using personal, non-company, property."

One of our employees did this too, and I took no issue with it. My guess is if you have an employer suing you for infringement based on work you did there, you have burned a bridge and have much bigger problems than just this lawsuit.

Edit: IANAL, this is not legal advice, etc.

Re: Ask HN: Company got acquired, new contract seems oppressive

#19
Standard disclaimer applies: You need a lawyer qualified in your jurisdiction to check your contract. Personally I always recommend this for any employment contract. The cost of one decent lawyer for an hour vs. the potential risk that an employer sneaked something irrevocable and completely disproportionate in? It's not even close.

That said, I once had exactly the described problem: post-acquisition, new company wants to adjust a lot of contractual wording on things like IP heavily in their favour, at a software business where many of the staff are also creative outside work in one way or another. Most of my colleagues didn't realise the implications of the proposed IP clauses and in particular the potential impact on their time outside office hours until these dangers were pointed out, but many strongly disliked the new terms once awareness was raised.

Without getting into details I possibly shouldn't, let's just say that what the acquiring company's lawyers or HR people would like to happen will probably be outweighed by a significant proportion of staff from the acquired company refusing to sign the oppressive deal and threatening to walk. If you can reach critical mass, management is likely to step in and do what they have to so they can protect the new investment and CTA. In the end, the wording of the relevant sections in our new contracts was identical to the corresponding sections in our old contracts.

Incidentally, probably one of the biggest mistakes of my professional career was sticking around for too long after I already knew what kind of business the new employer was from their initial behaviour. With hindsight, I should have given them a fair chance once they'd backed down -- a few months, perhaps -- but then having confirmed that the new corporate culture was similarly unwelcome in many other respects I should have started looking long before I actually did. YMMV.

Re: Ask HN: Company got acquired, new contract seems oppressive

#20

Find an employment attorney. Pay that person for an hour or two to read the contract for you. They will be able to offer much better advice than HN.

Whats the best way to go about finding one on short notice in a generic major city?

I won't name the "Uber for Lawyers" service we recently used for a minor task, but it was just as bad as you might think it would be. I would not recommend anything like that to anyone, especially for trivial services.

When hiring another firm I did a lot of prelim research on Avvo.com - they give you a good amount of detail and user reviews without having to create an account. It's easy to find the attorneys who are listed on there without having to use Avvo's system.

I still think the best way to find an attorney in a specific field is to ask other attorneys in any other field.

Post reply on HN