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

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

#11

Post by rosndo »

harrisonjackson wrote: post #4
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

Disclosing such a non-compete to a potential employer is such a dumb move that it’s pretty obvious why they would withdraw their offer.

Not because the non-compete is scary, but because the potential new hire is clearly an idiot.

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

#12

Post by [deleted] »

rosndo wrote: post #11
harrisonjackson wrote: post #4

Earlier quoted context omitted.

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

Disclosing such a non-compete to a potential employer is such a dumb move that it’s pretty obvious why they would withdraw their offer. Not because the non-compete is scary, but because the potential new hire is clearly an idiot.

[deleted]

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

#14

Post by AdamJacobMuller »

greyface- wrote: post #9
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

making everything below 100k completely unenforceable doesn't make everything above 100k enforceable, there are still considerable tests to if a non-compete is considered fair or not which governs it's enforceability.

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

#15

Post by forty »

You should better consult a lawyer than a bunch of random people if this is important for you. Or better yet: not work for a company that tries to make you sign such agreements. And especially not this one :)

I don't know where you live. In my country (France) overly broad non compete are not enforceable, and also you need to be paid during the non compete period (at least 1/3 of your compensation or something like this), which means that employers will almost always waive them except for very rare exceptions.

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

#16

Post by lucasmullens »

rosndo wrote: post #11
harrisonjackson wrote: post #4

Earlier quoted context omitted.

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

Disclosing such a non-compete to a potential employer is such a dumb move that it’s pretty obvious why they would withdraw their offer. Not because the non-compete is scary, but because the potential new hire is clearly an idiot.

I appreciate honest people, especially when they're honest even though it isn't in their best interest.

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

#18

Post by zeruch »

If you are in certain states (e.g. California) non-comps are almost wholly unenforceable and many folks will happily sign them knowing even a company like AWS won't be able to do squat.

Jurisdiction matters, as non-comps are common, and many firms rely on a lack of knowing to pressure folks into behaving the way they like, regardless of actual legal sturdiness.

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

#20

Post by hedgehog »

Non-legal opinion: you are unlikely to be able to get the company to deviate from the standard agreements, they are enforceable in WA, and in practice they would have to show harms to really have any teeth on you besides making your life tediously miserable with legal paperwork. I am not a lawyer, if you want advice you should talk to an employment specialist who practices in your jurisdiction. If you are in WA and e-mail me I can recommend someone I've worked with in the past.
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