Live data from Hacker News

Noncompete Clauses: Signing Away the Right to Get a New Job

nytimes.com

251–260 of 395 posts

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#251
post #246

Earlier quoted context omitted.

Sure, if you have the resources. In my case, it was far more feasible to change careers. Edit: I did speak with a few attorneys. But they all wanted cash up front. And told me that I had little chance of success.

Can you give an example of an industry like this?

Saying more about my case would reveal too much about my identity. Sorry.

Perhaps others can share.

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#252

Earlier quoted context omitted.

This suggestion is mainly directed at newcomers to the industry, who may not have the reputation or experience to be able to credibly push back on many points of their employment agreement. Once you're in a seller's market for your level of skill (as I'm sure you are), you don't need this advice anymore and I'd encourage you not to let your employer restrict your moonlight projects. But particularly if it's your firs…

It depends on the state. In California, for example, Non-completes are notoriously unenforceable. I'll sign whatever illegal documents you want me to sign, knowning that they don't matter. You might respond by saying something like "what if they go after you anyway, even though it is unenforceable.". But the problem is that they could just do that anyway, illegal contract or not.

What if the law changes out from underneath you? Better not to have it in the contract at all.

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#253
post #30

Earlier quoted context omitted.

I've never been presented with one (and hope I never will) so this is hypothetical, but I have a hard time imagining even doing that. A company is paying me to work for them, they're not paying to own me. When I'm off the clock, my time is my own, up to and including doing paid work for anyone else I want. I'd make an exception if they increased my pay accordingly. But considering that they're asking for 4.2x more of…

> "When I'm off the clock, my time is my own, up to and including doing paid work for anyone else I want." At least one of the reasons for a non-compete clause is to make sure you're not doing stuff on the clock for your employer, and then getting double-paid by a competitor for essentially the same end result but without the competitor having to pay for the whole process of getting that result. Like, if they're payi…

However, many software firms have no issue with selling the development of a feature to customer A, and then selling a license for said feature to customer B. This is the same situation as selling the skills acquired at employer A to employer B. Why is it ok for employers to do this, but not for employees?

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#254

Earlier quoted context omitted.

Quoting Herb Cohen's "You can negotiate anything" about signing leases under unfavorable terms: "In rare cases where a person still hesitated to sign his or her name, I might add 'The legal people won't approve of any changes'. Keep in mind that the legal people didn't even know they wouldn't approve of any changes. Nevertheless, the phrase worked like a charm, since 'legal people' projects, on a wide screen, a power…

How can there be a valid meeting of the minds if you're expecting me not to notice my words have been tampered with?

That is a very good argument, but some banks are very dependant on nobody reading the fine print. Can you call that a meeting of the minds?

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#255
post #253

Earlier quoted context omitted.

> "When I'm off the clock, my time is my own, up to and including doing paid work for anyone else I want." At least one of the reasons for a non-compete clause is to make sure you're not doing stuff on the clock for your employer, and then getting double-paid by a competitor for essentially the same end result but without the competitor having to pay for the whole process of getting that result. Like, if they're payi…

However, many software firms have no issue with selling the development of a feature to customer A, and then selling a license for said feature to customer B. This is the same situation as selling the skills acquired at employer A to employer B. Why is it ok for employers to do this, but not for employees?

> Why is it ok for employers to do this, but not for employees?

Why is the politico-economic system called "capitalism" and not "laborism"?

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#258
post #9

Worth remembering, especially for those just entering the software field: by the time a potential employer gives you an employment agreement to sign, they've already decided they want you. At that point, it's on them to give you a palatable offer. They may include a noncompete clause for one of two reasons: 1) to prevent you from working somewhere else at the same time, which can create all sorts of conflicts of inte…

In the Netherlands is not legally enforceable either. You can only enforce not be able to take clients with you to your new employer for a fixed amount of time (e.g. 6 months).

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#259

Earlier quoted context omitted.

Laughable unenforceable in CA. Basically equivalent to toilet paper for the employer in CA.

You still don't want to deal with even a nonsensical court date if you can avoid it with 5 minutes of redlining.

Is an extra round of back and forth to strike a legally meaningless provision worth it though? Another reply in this thread claims their former employee sued even with the redline.

Re: Noncompete Clauses: Signing Away the Right to Get a New Job

#260
post #21
post #3

"California law prohibits noncompete clauses, contributing to the inveterate poaching with which the state’s technology industry was founded. It can be brutal for employers, but it helps raise wages and has created a situation where any company looking to hire a bunch of engineers in a hurry, be it an established giant or a start-up, feels it should locate there."

Some states are starting to move in that direction too,like Washington state but this isn't as strong as California : https://www.geekwire.com/2017/scaled-back-bill-aimed-providi... Apparently Google and labor unions supported the original bill, but the article says that's not the case for Amazon and Microsoft The scaled back bill removed those points: > Make noncompetition agreements void if the employee is a tempor…

> or is terminated without just cause or laid off.

Wait, seriously? One can be laid off but still barred from working for a competitor? Grateful to live in CA but that makes me ill on behalf of the rest of the country.

Post reply on HN