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Ask HN: Quit my job. Company coming after me

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Re: Ask HN: Quit my job. Company coming after me

#21

Post by mattgreenrocks »

morfizm wrote: post #6
sriram_sun wrote: post #4

Earlier quoted context omitted.

I totally agree. My realization was that I'd rather spend the non-family time on my own ideas. I've edited my post so the focus stays on the questions I've asked.

RE your questions there's one thing I know: non-compete are not enforceable in California. Relax and join a different medical startup if you want. (I am not a lawyer, so get one to confirm, or get listen to another 10 random folks :)) Unsure about remaining questions: 1) can you do anything to prevent your defamation among recruiters and/or make them pay for it, 2) sign-in bonus tax issues. But my point was that as f…

> In startups there's expectation that you give all of it, not just 40-45 hours.

Funny how "living the dream" requires subjugating one's own autonomy.

Re: Ask HN: Quit my job. Company coming after me

#22

Post by georgemcbay »

1) You need to talk to a lawyer (don't have any Bay Area references, sorry)

2) Don't pay them until you talk to a lawyer.

3) At-will is at-will and businesses are the ones who pushed for this concept, so don't lose any sleep over exercising your right to quit at-will (though I do think it is good professional behavior to give 2 weeks notice, especially if it will help wrap up any loose ends). The timing will always be unfortunate if the company sees you as a high-value contributing employee.

Re: Ask HN: Quit my job. Company coming after me

#23

Post by nazgul »

cik wrote: post #9

Get a labour lawyer, and get them on retainer. You may not need it, but that's fine. Lawyers hold funds in trust - not that anything can happen, but having them on retainer means that should you be in some sort of sticky situation, you can continue using said lawyer, as they're already on retainer. Then - stop. Don't do anything , anything , anything , without a discussion with said lawyer. Follow everything that law…

Do exactly what this person says. It's the smartest move here.

Re: Ask HN: Quit my job. Company coming after me

#24

Post by alain94040 »

1. I usually advise people to talk to a lawyer, but in your situation, nothing has happened yet. The company hasn't actually done anything that should concern you.

2. Follow the letter of whatever deal you had for your sign-on bonus. If your contract says you have to return it, do so. If it says it is pro-rated, do so. Don't invent new rules. If the contract doesn't say anything about returning it, don't.

3. Just make sure that your conduct is above reproach. Don't give them any excuse for going after you for any reason. Act professional, leave, you don't owe them anything.

Re: Ask HN: Quit my job. Company coming after me

#25

Post by sriram_sun »

georgemcbay wrote: post #20
morfizm wrote: post #6

Earlier quoted context omitted.

RE your questions there's one thing I know: non-compete are not enforceable in California. Relax and join a different medical startup if you want. (I am not a lawyer, so get one to confirm, or get listen to another 10 random folks :)) Unsure about remaining questions: 1) can you do anything to prevent your defamation among recruiters and/or make them pay for it, 2) sign-in bonus tax issues. But my point was that as f…

"non-compete are not enforceable in California. Relax and join a different medical startup if you want." The way I read the OP (though this may be incorrect) wasn't so much that they were threatening to enforce a non-compete, but rather that they intended to blackball him within the local industry.

Yes the worry is not the non-compete. The med device industry is pretty small within the US. It was the threat that bothered me more.

Re: Ask HN: Quit my job. Company coming after me

#26

Post by [deleted] »

georgemcbay wrote: post #20
morfizm wrote: post #6

Earlier quoted context omitted.

RE your questions there's one thing I know: non-compete are not enforceable in California. Relax and join a different medical startup if you want. (I am not a lawyer, so get one to confirm, or get listen to another 10 random folks :)) Unsure about remaining questions: 1) can you do anything to prevent your defamation among recruiters and/or make them pay for it, 2) sign-in bonus tax issues. But my point was that as f…

"non-compete are not enforceable in California. Relax and join a different medical startup if you want." The way I read the OP (though this may be incorrect) wasn't so much that they were threatening to enforce a non-compete, but rather that they intended to blackball him within the local industry.

[deleted]

Re: Ask HN: Quit my job. Company coming after me

#27

Post by ufmace »

morfizm wrote: post #6
sriram_sun wrote: post #4

Earlier quoted context omitted.

I totally agree. My realization was that I'd rather spend the non-family time on my own ideas. I've edited my post so the focus stays on the questions I've asked.

RE your questions there's one thing I know: non-compete are not enforceable in California. Relax and join a different medical startup if you want. (I am not a lawyer, so get one to confirm, or get listen to another 10 random folks :)) Unsure about remaining questions: 1) can you do anything to prevent your defamation among recruiters and/or make them pay for it, 2) sign-in bonus tax issues. But my point was that as f…

As an employee, I have an expectation that my standard salary pays for roughly 40-45 hours a week of work. If these startups are looking to hire and expecting to have all of my free time and energy, they better be giving me something for it.

Re: Ask HN: Quit my job. Company coming after me

#28

Post by FireBeyond »

late2part wrote: post #18
sriram_sun wrote: post #12

Earlier quoted context omitted.

True. Employment was "at will".

If they did call people and tell them you quit without notice, they are likely opening themselves up to damages. If your story is accurate, then they lied if they said you quit without notice, as they asked you to resign that day. If they are telling lies about you ; and you are damaged, they are likely liable for that. Talk to an employment attorney.

Right. This would certainly seem to be extremely close to the textbook definition of tortious interference (though it may require you to already in negotiations), whereby a occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).

Re: Ask HN: Quit my job. Company coming after me

#29

Post by icedchai »

Oh no, VP A, B, and HR lady are mad. How do they expect to "make life difficult" for you? Realistically, there is not much they can do. I wouldn't worry about it unless an actual action is taken.

As for the bonus? Unless you are contractually bound to return it, tell them the money's spent and to write it off.

Re: Ask HN: Quit my job. Company coming after me

#30

Post by FireBeyond »

alain94040 wrote: post #24

1. I usually advise people to talk to a lawyer, but in your situation, nothing has happened yet. The company hasn't actually done anything that should concern you. 2. Follow the letter of whatever deal you had for your sign-on bonus. If your contract says you have to return it, do so. If it says it is pro-rated, do so. Don't invent new rules. If the contract doesn't say anything about returning it, don't. 3. Just mak…

r.e. point 1 - apparently the company has (proactively?) contacted recruiters to advise them that this person is unreliable, i.e. quit without notice (regardless of the fact that even if so, they were perfectly within their rights to do so).
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