Earlier quoted context omitted.
> From any angle, they created an environment that made these guys think “my time will be better spent at Apple”. tbf I don't think many startups running out of cash and exit opportunities would expect to keep their engineers if Apple approached them to offer a pay rise, regardless of how wonderful the environment was. But the idea to raise capital by 'selling' engineers to Apple instead of agreeing to the aquihire (…
I agree 100% - the use of the word “selling” here makes me very uncomfortable - they are employees and they are not company property that is owned. The “finders fee” response from Apple was the best they could expect. And yeah then I read about firing the CTO and the lawsuit and I started to get a picture of what this company was like. I hope they lose, and good luck to the employees at Apple
Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
311–320 of 442 posts
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#312Earlier quoted context omitted.
Exactly correct. I tried to explain this to a public official from an east cost town who was flying back from the Bay Area trying to "learn the secrets" of creating an innovation hub. When I explained this situation (non-competes are illegal, stuff you do at home is yours) to him he literally said "That's crazy! Why would anyone hire anyone if they knew they could walk out the door to a competitor, or even to start a…
Your comment reminds me of this tweet: https://mobile.twitter.com/zackkanter/status/130493861651941... The cognitive dissonance humans are capable of is amazing. To actually say “We would never allow that in our town.” in the pejorative while flying back from a trip specifically meant to learn how to be like another town . If you’re not going to act on an author’s central point, don’t try to do any of the other parts…
What a poisonous attitude.
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#313Earlier quoted context omitted.
> In the US you can pivot your startup if something isn't working, roll off 20% of your staff and you don't have to talk to a govt tribunal or go through appeals. You can do this in the UK too, without a tribunal or appeals. What you've described is covered by "redundancy", and it's completely fine legally to make people redundant, in large numbers or small numbers.
In france you these need to be pre-approved, you have to have an employment protection plan, and even then the court can overturn all this and make you hire everyone back. "Collective redundancies can be void by an administrative court, if the latter recognises shortfalls in the employment protection plan or if an administrative authority did not validate or approve the employment protection plan at all. In case the…
Limited NC for v senior people for short periods possibly - and by v senior I mean board level.
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#314Earlier quoted context omitted.
> From any angle, they created an environment that made these guys think “my time will be better spent at Apple”. tbf I don't think many startups running out of cash and exit opportunities would expect to keep their engineers if Apple approached them to offer a pay rise, regardless of how wonderful the environment was. But the idea to raise capital by 'selling' engineers to Apple instead of agreeing to the aquihire (…
I agree 100% - the use of the word “selling” here makes me very uncomfortable - they are employees and they are not company property that is owned. The “finders fee” response from Apple was the best they could expect. And yeah then I read about firing the CTO and the lawsuit and I started to get a picture of what this company was like. I hope they lose, and good luck to the employees at Apple
Well, this is an appeal court decision, so they have already lost, appealed, and got a confirmation that they lost.
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#315Earlier quoted context omitted.
>Labor mobility is really low in Europe Like the other comment mentioned, this is a very France-centric description - in the Netherlands, for example, you can't block workers from leaving their company in this way.
In the netherlands you can have them sign a non-compete clause, generally for 1 to 2 years. "This clause prevents them from working for your competitor or from starting a similar enterprise after resigning. A non-solicitation clause forbids your employee to contact your clients after resigning." https://business.gov.nl/regulation/non-compete-clause/ In the US, lots of folks have famously started up their own ideas if…
Not sure if it already happened, but they're moving towards having the (previous) company pay for the non-compete period. Meaning: if you hire someone on a non-compete and the person cannot find work in another field (or lower salary) the previous company has to make the employee "whole".
Non-competes are also meant to not be applied to everyone. Only certain employees should have these. This as having every employee on a non-compete is too restrictive for the employees.
All of this is/was mentioned on various Dutch sites. It's a bit weird it's not explained on this English one.
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#316Earlier quoted context omitted.
Beware. A friend signed a ludicrous non-compete as a consultant which disallowed him from working with any company the company had approached . Was layed off, got legal advice: his lawyer told him not to fight it :( He changed industries.
In my limited experience with lawyers, they always advise conservatism. That's not to say they're always wrong. But they don't have much incentive to say, "Go for it!" Even if you're 95% chance likely to have things work out okay, what would the lawyer get in that situation? Nothing. And in the 5% of cases they'd be excoriated for giving their client bad advice.
Spot on. EDIT: On further thought, there's a wrinkle, which is that NOT being super-conservative can be good marketing for a lawyer. In a 95% confidence situation, consider the lawyer who tells the client, "here are the pitfalls, but IMHO they're an acceptable business risk [one of my favorite formulations], so if you want to do it, then go for it!" That lawyer is likely to have a happy client who, if asked for a recommendation by a third party, might refer the third party to the lawyer.
(Of course, this presupposes that the lawyer has enough experience to be able to confidently weigh the business risks — and that a 5% disaster doesn't befall the client.)
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#317Earlier quoted context omitted.
I believe Europe can create its own SV by following the USA's route: the Europe's equivalent of DoD (which has access to unlimited funds, tens of trillions of euros), needs to come up with a grand multi-decade project and invest into companies that are going to work on related sub-projects. For USA it was the worldwide surveillance system, but for Europe it may be something else, like ITER (but on a bigger scale) or…
There are some science and technology investment projects like this in the EU. For example: > Horizon 2020 is the biggest EU Research and Innovation programme ever with nearly €80 billion of funding available over 7 years (2014 to 2020) – in addition to the private investment that this money will attract. It promises more breakthroughs, discoveries and world-firsts by taking great ideas from the lab to the market. Ho…
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#318Lost in the comments a bit is that Apple actually offered Hooked 4.5 MILLION to hire these folks in the acqui-hire, and the companied DECLINED saying they had other prospects (which turned out to be false - they were running out of money). The CTO begged for them to go through with the aqui-hire. If the employees don't have faith in your big plans, and you turn down 4.5 million to make the transition smooth, is it re…
"The CEO settled on a new plan: Hooked would “sell” three engineers to Apple." and later "Apple responded that it might consider paying a 'finder’s fee'"
Hooked then sues Apple for stealing what he thought they should be buying. I'm glad the law stood with the employees. But, there's obviously a norm whereby employees are viewed as an asset... in the literal sense.
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#319Earlier quoted context omitted.
It’s a German tax law issue. It’s legal to do but not advantageous to the employee, because they don’t allow things like 83(b) elections. Not sure how Airbnb made it manageable in your case, but incorporating elsewhere doesn’t fix the issue.
RSUs are working just fine. I got them from Amazon, I was able to get largely discounted shares from EADS back the day. Tax wise Amazon RSUs were treated like part of my salary, covering taxes when they vested ranged from selling all and selling parts of the RSU or covering taxes cash and keeping all of the RSUs. The discount at EADS was treated as part of my salary. No problem whatsoever. INAL, but all these instnce…
To my knowledge no equivalent setup exists under German tax law.
Re: Strapped startup declines acquihire, Apple poaches key engineers; NP, says court [pdf]
#320"That evidence does suggest the engineers drew on knowledge and skills they gained from Hooked to develop a product for their new employer––but California’s policy favoring free mobility for employees specifically allows that. (See Whyte v. Schlage Lock Co. (2002) 101Cal.App.4th 1443, 1464 [rejecting the “inevitable disclosure” doctrine, under which a claim for trade secret misappropriation is stated if an employee’s…