Re:How non-competes are damaging the Massachusetts economy: ...
by xiaoma on Thursday September 15, 2011 @12:51PM
(#3001065)
I absolutely agree. For that reason, I've made non-competes and claims of IP I create on my own time with my own resources one of the first things I ask about. Invariably, the bosses I've had have reassured me that the scope of either would be narrow and only what's necessary to protect the core business interests of the company. Invariably, I've been presented with a thick pile of papers full of absolutely ridiculous claims over IP, restrictions on what I can do on my time and non-competes that would make me unemployable.
However, by asking long before ever being offered a job of time it puts me in a much stronger negotiating position when the time comes. Thus far, I've refused every single contract preventing me from working in my field and/or preventing hobby projects related to my work. Unfortunately, that sometimes means leaving promising companies.
Re:How non-competes are damaging the Massachusetts economy: ...
by yardie on Friday September 16, 2011 @03:37AM
(#3003540)
I wish I had thought of that. Usually, the only time I even think of NCAs is when they send me the employment packet. Then it becomes an awkward dance of asking questions, them asking their lawyer, and you trying not to ask for so much that they might change their mind and go with candidate B.
This is where the thinking comes in. I've had these contracts before. Fresh out of school, my choices were sign this and take a position in the career I want and studied for or continue bussing tables. The employer loads the contract with enough ominous legal mumbo-jumbo that it can be dangerous for you but not so dangerous that a court would take one look at it and toss it for being very one-sided.
Most people aren't rockstars, they take a job because they need it and it might be the only offer they've received in weeks if not months. There is a huge world of difference between your typical entry level job and your typical C-level, Mark Papermaster type of position. Most people don't have a company like Apple going to bat for them over NCAs.
Like you I've also questioned NCAs and you can make small adjustments if you need to. And if the company wants you bad enough they can strip entire sections. But your typical job just wants a warm body in a world of interchangable warm bodies, make too many waves and they might think it's better to replace you with another warm body.