> Often yes

Then it should say so in the comment. Preferably adding their thoughts about it, whether it's enforced in their company, etc.

Debating whether you're technically an employee 100% of your time is both true and needlessly pedantic.

It's a rhetorical argumentation technique. They make it seem like it's inevitable and follows naturally from the obvious fact that you are an employee 100% of the time, so they don't even need to spell out the specific point in the contract, implying that it's not just a technicality in the contract but something fundamental. Which is of course not true, as in many countries you can't have such valid terms.

I think you might be giving much credit to random internet commenters. They probably just like to say "technically speaking".

I'm not talking about random commenters. I mean the manager who wrote "... you are an IBM employee 100% of the time ..." .

There is some bullshit that goes on here though. Many companies do not have a contract that you sign and consent to, they just try to back door it as fungible company policy - like the way social media companies get you to agree to new privacy policy and terms by your continued use.

Many companies put these IP and non-competition clauses into bonus award agreements. By accepting a bonus you agree to a bunch of terms and that’s where consideration comes in and makes it a real contract and legal. I have less of a problem with this arrangement than the back door approach.