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

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31–40 of 206 posts

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

#31
post #15

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 t…

I'm curious then what people do when they leave AWS. Do they just not work for 18 months?

I'm not sure, but I feel there might be companies that are not selling cloud hosting solutions ;)

Also, once again, do check the law where you live. It's very possible that non-compete only apply on stuff you worked on. For example, maybe if you did not work on S3 specifically, you might even be able to work on Google Cloud Storage if all you are considering are companies that make public clouds.

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

#32
I can't give you legal advice, but I can ask you to consider if you really want to work for AWS. It may be a generic clause, but they are basically saying they don't trust you. Also telling recruiters of other FAANG / big corp / etc. you got an AWS offer should increase your leverage.

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

#33
post #24
post #5

The only time I would ever sign a noncompete like that is if it came with 18 months of severance pay. That's ludicrous.

That sums up non competes in Europe. Usually companies are required to pay 25%-75% of a former employee's salary in order to make a non compete clause enforceable.

[deleted]

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

#34
Here's some info on the relevant law as it pertains to California (where AWS is based). TLDR: "non-compete agreements are not enforceable in California"

https://www.callahan-law.com/are-non-competes-enforceable-in...

If you live somewhere else, I don't know if California law would apply or your local laws, so like other said you should consult an attorney who specializes in this area.

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

#35
post #15

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 t…

> [in France] you need to be paid during the non compete period (at least 1/3 of your compensation or something like this) Oh that's interesting. That is the first time I've seen a justifiable contractual consideration on the employer's side for a non-compete.

It’s the same rule as California… you can have a non-compete, but that time has to be paid for separately than your normal wages.

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

#36
post #24
post #5

The only time I would ever sign a noncompete like that is if it came with 18 months of severance pay. That's ludicrous.

That sums up non competes in Europe. Usually companies are required to pay 25%-75% of a former employee's salary in order to make a non compete clause enforceable.

Not high enough, it should be greater than 100% to penalize the employer more.

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

#37
post #26

Earlier quoted context omitted.

I'm curious then what people do when they leave AWS. Do they just not work for 18 months?

They hope AWS won't enforce it. If you aren't very important (L7+, senior management), and you don't work on the _same exact_ project at a competitor, Amazon will probably not attempt to enforce it. Is it right that Amazon are doing this? Hell, no: they're awful for doing this. But that's not even one of the top-five awful things they do to employees.

I am genuinely curious -- what _are_ the top-five awful things in your mind?

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

#39
post #26

Earlier quoted context omitted.

I'm curious then what people do when they leave AWS. Do they just not work for 18 months?

They hope AWS won't enforce it. If you aren't very important (L7+, senior management), and you don't work on the _same exact_ project at a competitor, Amazon will probably not attempt to enforce it. Is it right that Amazon are doing this? Hell, no: they're awful for doing this. But that's not even one of the top-five awful things they do to employees.

Or they live in California where non competes are not enforceable.

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

#40
post #36
post #24

Earlier quoted context omitted.

That sums up non competes in Europe. Usually companies are required to pay 25%-75% of a former employee's salary in order to make a non compete clause enforceable.

Not high enough, it should be greater than 100% to penalize the employer more.

Yep. If you don't want me to work, you can keep me at my current standard of living plus a penalty for the 18 month resume gap and potentially rusty skills.

If it's not worth that much to you, I probably don't possess enough super secret special sauce stuff for you to need a non-compete anyways.

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