EDIT: jobsandjobs, sorry to have derailed your good Ask HN question but I thought this was an important and often-overlooked pitfall that people should be aware of.
EDIT: jobsandjobs, sorry to have derailed your good Ask HN question but I thought this was an important and often-overlooked pitfall that people should be aware of.
!!!!! If there is serious money at stake, or a reasonable prospect of serious money at stake for you, use some of that money to pay a lawyer admitted in your jurisdiction and familiar with the law on IP agreements and nocompetes to look at the agreement and advise you. It really won't cost all that much for a consultation and a bit of contract reading just to see where you stand. Then make a decision. !!!!!
(Source: IAAL (law professor actually), though I don't currently practice and am almost certainly not admitted in your jurisdiction.)
It would be foolish to think you can run a business without legal protection.
That shouldn't prevent one from chasing their dreams though. I think OP's message paint a darker than necessary paint regarding this.
(Source Currently doing this with a lawyer as a cofounder)
Definitely build things on your own equipment, using different technologies, on your own time and nowhere near said company.
In California, noncompetes are rarely enforceable... but again IANAL and do you own homework.
That's the most ridiculous thing I've ever heard. Assuming you're not stealing technology, or doing it on their time or machines, there is no way a court would uphold that. If I build a house, or rebuild a car in my off time, they own that too? Corporations don't own your entire life.
After I moved and started working.
I made a small stink about it but they were adamant and eventually I caved. These laws are important.
Anything I do in my private life I keep on the down low.
If your home project gains a little traction to financially support you then you quit the day job, and don't tell them anything. If not then it's some private home project you do.
Can't believe you are making decisions on what you do at home based on some company that could easily disappear, lay you off, get sold, etc etc, before your side projects ever materialize.
Absurd!
Surely there is some middle ground between a $22 billion dollar company and a lifestyle business that generates $500k-$1m a year in revenue. Also if your company is WhatsApp level pretty sure you can afford a team of $500 an hour lawyers.
Even if you are running a decent sized business, just don't be the face of the company. The purpose of business is to make money, not become "famous".
That sounds illegal.
My current employment agreement specifically states I can run whatever enterprise I want outside of work so long as it doesn't interfere with my duties (and presumably their business).
I asked them to remove that line and some others, and they did without discussion or trying to pressure me into signing.
They didn't actually notice the line being there when they downloaded it from the internet and it was consequently removed for future contracts.
On the first day of his job, he filled out a form declaring his current IP. Some HR/lawyer reviewed it and a week later he was let go. No real reason was given. But he spent his first week answering questions related to his projects, so it is pretty obvious they were worried about it.
The key here is having a clear demarcation between work and personal projects.
It’s a great litmus year to see if your employer is a bully or not.
(I don't like the fact that people put these kinds of clauses in in the first place either, but at least you can often opt out, fwiw)
You can also put in "we own your kidneys and your first born child"
Just because it is in a contract, it doesn't mean it's enforceable.
I agree with your point that one should be aware of it, but to go as far as not creating an awesome company and living comfortably because it's "risky" is ridiculous.
One should not be chained to a corporation forever if chooses not to.
[EDIT]
Also to add more to my point, litigation CANNOT be avoided.
If an entity (a person or a corporation) wants to come after you, they will find a way to do it.
Running any kind of viable business requires legal work and protection. It would be foolish to think otherwise
If your side project grows enough that you have either massive traction, VC funding or a good amount of cash, you can easily fight these in court .
And even if you don't fully win, it can be dragged on for years and meanwhile your business can continue to grow.
So it's a none issue.