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Tell HN: Beware confidentiality agreements that act as lifetime non competes

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41–50 of 269 posts

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#41

So happy my union managed to ban broad non-competes in my country ~8 years ago. Now it needs to be very specific if they want to enforce it (not just "development work in the same industry" which most contracts had back when I graduated), only applicable for maximum a year, and they have to pay your salary for the time they stop you working somewhere else.

[flagged]

So are corporations.

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#42
post #39
post #28

I once declined a job offer because the non-compete made no sense. (It was many pages, claimed that I would be paid during the non-compete period, and impossible to read.) I basically concluded that they (the company) had a lawyer that was basically wanking off.

In finance, it is common to be paid your base wage during your non-compete. Or at least that is how mine worked.

Yup, garden leave.

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#43
post #20
post #16

This is a state level thing. As is whether IP produced outside of your job, on your own equipment, is yours. I moved from New York to California a bit over 20 years ago in large part because I personally encountered this (the IP ownership bit), and preferred to live under California's rules. It is worthwhile to read https://www.paulgraham.com/america.html . Point 7 talks about how easy it is for regulations to accide…

Just looking this up but appears NY finally caught up here in 2023 https://newyork.public.law/laws/n.y._labor_law_section_203-f

Thanks for the correction.

It was only 20 years too late to help me.

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#44

So happy my union managed to ban broad non-competes in my country ~8 years ago. Now it needs to be very specific if they want to enforce it (not just "development work in the same industry" which most contracts had back when I graduated), only applicable for maximum a year, and they have to pay your salary for the time they stop you working somewhere else.

[flagged]

Sounds like the union negotiated a heck of a deal for the parent poster

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#45
I think the Chinese law is effective in this regard: in order to maintain any non-competition agreement, the company must continue to pay you a monthly compensation amount equal to 30% of your total monthly income when you were at the company. Whenever the payment stops, the non-competition agreement is automatically void.

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#47

Have an employment attorney always look over said agreements before signing. A local acquaintance who did work for an MSP had said MSP try such a ploy, only for the employment attorney to sue and get it thrown out as unreasonable and unenforceable. Never, EVER sign a contract without reading it first, and having your lawyer review it.

> your lawyer That presupposes that people have a lawyer, and one specialized in employment law at that, which is highly unlikely to be the case for 99% of the population.

Sometimes general employment law is not enough and you need someone who specializes in executive contracts for upper management.

Re: Tell HN: Beware confidentiality agreements that act as lifetime non competes

#50

Earlier quoted context omitted.

So far it seems maybe?, but according to the article some courts and agencies are pushing back. Well the FTC was at least in 2023. California bans anything that is effectively a non compete.

Technically, maybe, but effectively, nobody is going to be able to withstand BigCorp's 100 lawyers whose mission is to bury you in legal fees if you push back. By the time that you confirm these things are unenforceable, you've spent your life savings on $millions in legal fees, and possibly gone into crippling debt. In the legal system, might (wealth + lawyer quantity) makes right.

It sounds like moving to California for a year would be way cheaper.
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