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Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

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Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#61
post #34

Earlier quoted context omitted.

We should rid of the term 'poaching'. There's no such thing. We're not animals, we are free to accept a better offer it comes along. The CEO should have counter offered with something more substantial, but he couldn't so the engineers went to greener pastures.

We are animals. Why the fuck people insist on claiming otherwise is beyond me.

You clearly missed the point with your edge.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#62
post #2

"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…

Right to work law is really good in Ontario. Heck I had a CEO who threw a tantrum because I took my skills to another company (that isn’t even a competitor) and demanded I quit with threats. My lawyer basically laughed at him and he went away.

Ontario’s tech sector is growing a lot but hopefully the salary issues will improve.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#63
post #50
post #2

"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…

Labor mobility is really low in Europe. In france you can be tied up in litigation (tribunel through appeals) for 10 years easily on an employment termination (my info is from 2016 time frame so may be dated). There is no such thing as at-will employment. Also, noncompete's are weird. If someone is receiving full pay on gardening leave they can work for someone else. If you instead have them work till end of notice p…

France != Europe. This sort of thing doesn't exist in the UK, for example.

As for firing people, perhaps France, but not UK. Most jobs have a 3-6 month probation period, with a week's notice either way, and in the first 2 years you can fire anyone for no reason (apart from reasons of race, gender, pregnancy, etc.).

After that, by which point it's obvious they can do the job, generally you have to give a progression of verbal, written, last chance warnings to an employee to change their behaviour before you can fire them.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#64
post #5

D.C., could you explain what part of this judgment you disagree with? Employees should have the right to switch companies and leaving a company shouldn’t bar employment in your field. Hooked is relying on misrepresentation and vague notions of trade secretes — If there were actual concrete IP theft (or even something like customer lists or proprietary technology) wouldn’t their lawsuit have focused on that?

> D.C., could you explain what part of this judgment you disagree with? Employees should have the right to switch companies and leaving a company shouldn’t bar employment in your field.

Where'd you get the idea I disagree with it? I had to word the post to fit within the HN character limit.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#66
post #52
post #3

Earlier quoted context omitted.

I don't understand why there is no Silicon Valley in Europe then

I believe Europe can create its own SV by following the USA's route: the Europe's equivalent of DoD (which has access to unlimited funds, tens of trillions of euros), needs to come up with a grand multi-decade project and invest into companies that are going to work on related sub-projects. For USA it was the worldwide surveillance system, but for Europe it may be something else, like ITER (but on a bigger scale) or…

A first step might be to expand the European University system to handle the influx of Graduate students that were previously headed to the US. Give funding, poach the frustrated non tenured profs from the US.

Essentially reverse what happened during and after WW2, when the anti semitism caused Germany and then mainland Europe to lose all the amazing talent to the US.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#67
post #55
post #3

Earlier quoted context omitted.

I don't understand why there is no Silicon Valley in Europe then

Because Europe is not at all competitive for tech talent. Fresh graduates earn significantly more money in America than senior-level developers in Europe, with the quasi-exceptions of London and Switzerland (neither in the EU). Why would European developers allow themselves to be shafted out of millions of dollars by staying in Europe?

London is still in th EU, maybe not for much longer but still there.

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#68
post #3
post #2

"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…

I don't understand why there is no Silicon Valley in Europe then

Lots of money, private and public (DoD)

Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]

#70
post #50

Earlier quoted context omitted.

Labor mobility is really low in Europe. In france you can be tied up in litigation (tribunel through appeals) for 10 years easily on an employment termination (my info is from 2016 time frame so may be dated). There is no such thing as at-will employment. Also, noncompete's are weird. If someone is receiving full pay on gardening leave they can work for someone else. If you instead have them work till end of notice p…

France != Europe. This sort of thing doesn't exist in the UK, for example. As for firing people, perhaps France, but not UK. Most jobs have a 3-6 month probation period, with a week's notice either way, and in the first 2 years you can fire anyone for no reason (apart from reasons of race, gender, pregnancy, etc.). After that, by which point it's obvious they can do the job, generally you have to give a progression o…

UK is trying hard not to be a part of Europe it seems :)

Anyway I've seen similar laws in several countries in EU, but I talked to a lawyer friend and he said he looked into it (briefly) and couldn't find examples of it being enforced through court in my country (Croatia).

As for termination - probation periods exist for sure but passed that it's really hard to get rid of people, the two year thing exists if you give someone extended temporary contract but that really sucks for people because it messes with their credit score etc.

I remember working in a company where a woman got hired to work in office A she was then moved to office B because of a reorg (15km away from office A) she refused to accept this - got fired - sued - got pay for the time she was without work, times two in damages and got reinstated to previous position.

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