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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?

#41

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.

AWS is based in Seattle, Washington, not California.

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

#42
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.

Well, you are supposed to get it every month until the clause expires, which can be a long time after you stopped working for them. I've only seen it happen to C-level guys of big companies.

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

#43

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

Amazon (and Microsoft) already sues former cloud employees. The question is not "is this enforceable?". The real question is "can you afford the legal fees?".

'Amazon is suing a cloud employee who left for Google, rekindling the debate over non-compete agreements' https://www.cnbc.com/2020/06/11/aws-case-against-worker-who-...

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

#44
post #26

Earlier quoted context omitted.

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?

I think #'s 1 & 2 have to be 1) stack ranking & forced PIPs, and 2) comp policies overall (the stock vesting schedule being part of it, the bonus program covering the first two years being another, and the [until this year] low base salary cap being a third).

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

#45
post #6

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…

I was able to add an addendum to my rental agreement created by a fairly sizeable property manager.

Addendums are much easier for them to agree to.

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

#46
I'm not a lawyer, and this is almost certainly misguided advice. But when faced with the same, I requested (and got) in writing that the non-compete clause was nonnegotiable, hoping that, should push come to shove, the clause could be found legally non-binding as a contract of adhesion [1].

Also note that Massachusetts recently (2018) signed into law restrictions on non-competes. One of the major aspects is that such a clause provide "garden leave" pay for employees during their noncompete period. [2]

You can alternatively/also simply ask for more pay in compensation, claiming such a clause is non-standard in the field (personally, I've seen very few), and thus it's a material change to what was previously negotiated. That didn't work for me (I was already at the top of the salary range for the level I was assigned to), but since it doesn't involve lawyers, it's more likely to happen.

[1] https://en.wikipedia.org/wiki/Standard_form_contract#Contrac...

[2] https://www.slnlaw.com/massachusetts-non-compete-act.html

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

#47

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.

AWS is based in Seattle, Washington, not California.

AWS definitely has offices and employees in California. The enforcement is not about where you're headquartered but where the employee is determined to be working. An employee living full time in California would be protected.

Disclaimer: Not a lawyer.

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

#48

Amazon are struggling for engineers lately. There's a good chance if you just don't sign it they won't bat an eyelid.

I've been getting a few emails from Amazon recruiters weekly to both my personal and work emails.

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

#49
post #44

Earlier quoted context omitted.

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

I think #'s 1 & 2 have to be 1) stack ranking & forced PIPs, and 2) comp policies overall (the stock vesting schedule being part of it, the bonus program covering the first two years being another, and the [until this year] low base salary cap being a third).

For office workers, yeah. And disregard to work-life balance on many teams.

For warehouse and delivery workers... There's probably a chapter in the Bible just covering that.

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

#50
post #11

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.

ouch. what awful advice. lying by omission is not only a terrible way to enter into a trusting relationship with a new employer but could also be committing fraud.
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