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Ask HN: Has anyone successfully renegotiated an AWS non-compete?

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Ask HN: Has anyone successfully renegotiated an AWS non-compete?

#1

Post by MeNotLawyer »

I have an offer from AWS and as part of that they want me to sign a non-compete. I've signed non-competes in the past but reading through the AWS one is making me very nervous.

It basically limits me for working for a competitor of ALL of amazon for 18 months. Amazon does literally everything! I would pretty much be locked out of a job for 18 months if I left voluntarily or not.

All other non-competes I've signed have been scoped to just the areas of the business which I have confidential info about. This amazon non-compete make me worried I could be sued for even getting a job as a grocery bagger because it competes with their grocery chains?

Have any of you who work for AWS re-negotiated your non-competes? I would be ok signing a non-compete that is just limited to areas which I have confidential information about but I'm worried that asking the hiring manager about this might cause them to pull the offer.

Re: Ask HN: Has anyone successfully renegotiated an AWS non-compete?

#3

Post by rantallion »

brodouevencode wrote: post #2

Generally, are non-competes even enforceable? Especially in industries (like cloud providers) where there is a very small number of players.

This. Every time I see the topic come up, there are countless examples of them being thrown out in court without a fight, usually because they're either too broad (like OP's example of not completing with the entirety of Amazon) or too long (18 months is nuts).

Re: Ask HN: Has anyone successfully renegotiated an AWS non-compete?

#4

Post by harrisonjackson »

brodouevencode wrote: post #2

Generally, are non-competes even enforceable? Especially in industries (like cloud providers) where there is a very small number of players.

The couple of times I've had friends or coworkers deal with non-competes it wasn't an issue of enforceability but rather are the employee AND the new employer willing to deal with it.

Both times the new company withdrew its employment offers. It is pretty terrible. It leaves the employee at a company they don't want to be at.

This was in Colorado and Texas FWIW

Re: Ask HN: Has anyone successfully renegotiated an AWS non-compete?

#6

Post by otterley »

If you’re asking us here in HN, then it’s very unlikely that you have the sort of negotiating power required to get any sizable company to approve a customized set of legal documents relating to your hire. Changes to the standard set of hiring paperwork often require multiple managers and lawyers to sign off on it. For most positions and candidates, the effort isn’t considered worth it. You can certainly ask, but don’t be surprised if you get a hard “sorry, but no” in response.

If you were being hired in as a VP or CxO and were extremely well known, that’d be one thing. But only a few people have that sort of privilege and clout.

(Disclaimer: I work for AWS but am not involved in the hiring process other than interviewing. My views may not represent those of my employer. Opinions are my own.)

Re: Ask HN: Has anyone successfully renegotiated an AWS non-compete?

#9

Post by greyface- »

brodouevencode wrote: post #2

Generally, are non-competes even enforceable? Especially in industries (like cloud providers) where there is a very small number of players.

Washington State (where Amazon is based) has a law invalidating non-competes in situations where the employee's W-2 compensation is $100k or lower. I would assume that this means lawmakers intend for them to be enforceable in situations where earnings exceed $100k.

https://app.leg.wa.gov/rcw/default.aspx?cite=49.62.020

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