Ask HN: How do I know if I'm violating my non-compete at a major tech co? | Hacker News Reader

Ask HN: How do I know if I'm violating my non-compete at a major tech co?

2 pointsprotoDude2 comments

I'm an engineer for a major company that you've heard of (Google, Microsoft, Amazon, Apple, etc).

Upon joining, I signed an NDA and a non-compete saying that I can't work on anything that directly competes with the company. But these days all of these companies are working on something major in just about every area of tech.

I'm working on a side-project that I wouldn't consider directly competing, but I could see how one could choose to interpret it that way. But given the array of services these companies offer I feel like I could take almost any project and point out a way it is competing with some if not all of these companies.

Is it actually reasonable to do a side project while working at one of these unless the concept is extremely unique? How can I have any confidence that my project will be safe if successful?

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Dear protoDude,

I am not a lawyer, but did spend some time investigating this after I moved to the US from Belgium. First of all, it appears that state law determines whether or not non-compete clauses are even legal or enforceable. If you are currently living and working in California, for example, you most likely have nothing to worry about.

I have always found the following to be a the best approach in a situation such as this... During contract negotiations, provide a list of 'prior inventions' which are excluded from any non-compete agreement. In Europe this is standard practice, especially when contracting. Secondly, while under contract, and, when you are about to embark upon a new personal project, get sign-off from your manager that these efforts do not create a conflict of interest in your current role at the company.

There are multiple reasons for you to make sure that you dot the i's and cross the t's! You want to make sure that your employer is aware of the multitude of talents you exhibit and is aware of the products you are developing. And for you, it is imperative to make sure that whatever it is you are doing does not constitute a breach of contract. I believe that the benefits and hazards are obvious to this approach.

Finally, I would like to emphasize that your decision to contribute to the success of a company is not a one way street! When embarking upon contract negotiations or re-negotiations as described above, you need to make sure that you fully support your own decision to continuing to help your employer grow. If there is little to no support for the personal growth in which you are interested, you should terminate the contract and, if appropriate, find an employer who does support you as you support them.

Frank.

It's irrelevant whether or not you think it's competitive to your employer's business. You can't have any confidence that your project will be "safe". If it has any value, your employer will make the call on whether they view it to be competitive or not. Furthermore, if it's utilizing the same skills you utilize at the employer, they may well stake a claim to it.

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