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Notorious b.s.d.
Jan 25, 2003

by Reene

Megaman's Jockstrap posted:

these usually are not enforceable, at least in CA, and they are pretty vague everywhere else, here's some lawyer talk for FL:

http://www.flacorplaw.com/Non-Competes.html

ny and ca have laws that explicitly restrict non-competes. in every other state of the union, they are very much enforceable

the bigger question is whether it's worth anyone's time and money to enforce your non-compete. if you are a programmer, and you hop into another programming job inside your niche, it's probably not worth thousands of dollars in legal costs to screw with you. think about this from your employer's point of view. what does your departure cost them? (above and beyond your ongoing contribution)

  • are you able to take trade secrets to a direct competitor?
    probably worth a lawsuit

  • did you take a customer list with you, that their sales team is now calling?
    probably worth a lawsuit

  • are you working on your own business doing work substantially similar to the software you worked on at your prior job?
    almost certainly worth a lawsuit -- they can probably argue they own the IP, because you worked on it in secret during your term of employment

these scenarios are very common for e.g. sales guys. i'm betting they're pretty uncommon for technical types.

especially if you choose your new employer with your non-compete in mind. don't jam your thumb in your old company's eye, and your non-compete won't be a problem. if you work in Ford's embedded engine controller division, and you hire on at GM, for gently caress's sake, don't go into embedded engine controllers. better yet, don't work in the auto industry.

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Megaman's Jockstrap
Jul 16, 2000

What a horrible thread to have a post.
relevant to what notorius bsd is saying, i was actually at broadcom when they and intel started blasting each other over trade secrets and non-competes. essentially broadcom would hire ex-intel people and make a big show of saying "we're not asking them to reveal trade secrets, don't worry" and then put them as management (when they had previously been engineers) on the exact same projects that they had previously worked on for intel. of course they wouldn't say anything directly to their subordinates but they would be like 'hmmmm maybe try doing it this way? just totally coincidentally saying that' and of course the lawyers came out and years of litigation followed.

Flat Daddy
Dec 3, 2014

by Nyc_Tattoo
when i got hired i had to sign something that said anything i create outside of work also belongs to my company but then i got something else that said 'youre in CA so that actually doesn't apply here' . do people in other states have to like abandon their githubs?

Luigi Thirty
Apr 30, 2006

Emergency confection port.

Flat Daddy posted:

when i got hired i had to sign something that said anything i create outside of work also belongs to my company but then i got something else that said 'youre in CA so that actually doesn't apply here' . do people in other states have to like abandon their githubs?

welcome to a world called gor *whipcrack*

Notorious b.s.d.
Jan 25, 2003

by Reene

Flat Daddy posted:

when i got hired i had to sign something that said anything i create outside of work also belongs to my company but then i got something else that said 'youre in CA so that actually doesn't apply here' . do people in other states have to like abandon their githubs?

that poo poo is negotiable as hell. for stuff you're really serious about, you can usually get them to explicitly name projects to which those clauses are inapplicable. (or, exclude contributions to open source entirely)

for everything else, well, see about the non-compete. is it worth thousands and thousands of dollars to gently caress with you? no? then they ain't gonna.

Jonny 290
May 5, 2005



[ASK] me about OS/2 Warp
base64 some scat porn in the headers of all your personal projects

You really wanna take ownership of this, Motorola?

Luigi Thirty
Apr 30, 2006

Emergency confection port.

Flat Daddy posted:

when i got hired i had to sign something that said anything i create outside of work also belongs to my company but then i got something else that said 'youre in CA so that actually doesn't apply here' . do people in other states have to like abandon their githubs?

this one says "everything you make that relates to what the company does is ours, pls provide a list of everything you've ever made" so it probably translates to "whatever you make that we think we can make money on"

and there's another one that says if they break labor laws i can't sue them

Malcolm XML
Aug 8, 2009

I always knew it would end like this.

do not listen to this. get an employment lawyer. you can be very much hosed if you even update linkedin before your contract says you can.

Bloody
Mar 3, 2013

Luigi Thirty posted:

there's another one that says if they break labor laws i can't sue them

:allears:

Bhodi
Dec 9, 2007

Oh, it's just a cat.
Pillbug
I once had an employment contract that I wanted to cross out some non-compete and "we own code produced in off-hours" stuff and the HR drone was like "I have never heard of a case where someone modified this contract, it's just boilerplate, I don't even know who I would contact to authorize this" and so I said nevermind, crossed it out anyway and signed the thing and never heard about it again.

Luigi Thirty
Apr 30, 2006

Emergency confection port.

Malcolm XML posted:

do not listen to this. get an employment lawyer. you can be very much hosed if you even update linkedin before your contract says you can.

this one just says "here's a list of companies you agree not to work for or take our clients to for 18 months" and it lists a bunch of SAP companies i've never heard of

Shaggar
Apr 26, 2006

Bhodi posted:

I once had an employment contract that I wanted to cross out some non-compete and "we own code produced in off-hours" stuff and the HR drone was like "I have never heard of a case where someone modified this contract, it's just boilerplate, I don't even know who I would contact to authorize this" and so I said nevermind, crossed it out anyway and signed the thing and never heard about it again.

last time someone tried to get me to sign a non-compete I just didn't do it and they didn't care.

Notorious b.s.d.
Jan 25, 2003

by Reene

Luigi Thirty posted:

this one just says "here's a list of companies you agree not to work for or take our clients to for 18 months" and it lists a bunch of SAP companies i've never heard of

that sounds totally reasonable

"don't jam your thumb in our eye, please"

Notorious b.s.d.
Jan 25, 2003

by Reene

Shaggar posted:

last time someone tried to get me to sign a non-compete I just didn't do it and they didn't care.

this happened to me, once

my non-compete sat in my desk drawer, un-signed, the entire time i worked there

Notorious b.s.d.
Jan 25, 2003

by Reene

Malcolm XML posted:

do not listen to this. get an employment lawyer. you can be very much hosed if you even update linkedin before your contract says you can.

yeah but there still has to be an incentive to gently caress with you, man

nobody spends time with lawyers for fun

Jonny 290
May 5, 2005



[ASK] me about OS/2 Warp

Notorious b.s.d. posted:

yeah but there still has to be an incentive to gently caress with you, man

nobody spends time with lawyers for fun

ummmm

GameCube
Nov 21, 2006

lol

Luigi Thirty
Apr 30, 2006

Emergency confection port.

Notorious b.s.d. posted:

nobody spends time with lawyers for fun

i play video games with tenementfunster

Valeyard
Mar 30, 2012


Grimey Drawer

Notorious b.s.d.
Jan 25, 2003

by Reene

this is the first time i have seen tori's red text

man is it great

Valeyard
Mar 30, 2012


Grimey Drawer
does anyone know of something like survey monkey that will let me do similar stuff, except cheaper? i googled it but there seems to be lots of clones and i dont know if any of them are good. i need to do like a 15 question survey, preferably being able to export the results too

Luigi Thirty
Apr 30, 2006

Emergency confection port.

doesn't Google docs do survey forms now?

Valeyard
Mar 30, 2012


Grimey Drawer

Luigi Thirty posted:

doesn't Google docs do survey forms now?

thats...a good point, ill check that out thanks!

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

non-compete is a thing in WA, and at least MSFT gets growly about it. non-solicit (employees, customers, etc) is a thing in most places.

edit: if you can get the company to agree to them not owning anything you release under an open source license, they're basically letting you do anything and they should fire their counsel

Subjunctive fucked around with this message at 01:58 on Feb 4, 2015

Luigi Thirty
Apr 30, 2006

Emergency confection port.

if only there was some way for labor to... organize, and put an end to lovely business practices

triple sulk
Sep 17, 2014



Luigi Thirty posted:

if only there was some way for labor to... organize, and put an end to lovely business practices

Shaggar summoning complete

Flat Daddy
Dec 3, 2014

by Nyc_Tattoo

Subjunctive posted:

edit: if you can get the company to agree to them not owning anything you release under an open source license, they're basically letting you do anything and they should fire their counsel

huh even if it's outside of work and not on company owned equipment??

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Flat Daddy posted:

huh even if it's outside of work and not on company owned equipment??

that's not "anything", that's "some very specific sorts of things". but use-of-equipment/hours isn't enough to make a bright line distinction, if they think that it's derived from knowledge or techniques that you acquired on the job.

recommendation: don't work for a company that you think might sue you, and have hobbies that don't involve computers. (it's a beautiful day, go outside for gently caress's sake.)

Luigi Thirty posted:

doesn't Google docs do survey forms now?

https://support.google.com/docs/answer/87809?hl=en

Marsol0
Jun 6, 2004
No avatar. I just saved you some load time. You're welcome.

Flat Daddy posted:

huh even if it's outside of work and not on company owned equipment??

depends on the company i guess. my company's ownership of my code only applies to code i write on their equipment, which made sense to me.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Marsol0 posted:

depends on the company i guess. my company's ownership of my code only applies to code i write on their equipment, which made sense to me.

even if it's on their time and your laptop?

Malcolm XML
Aug 8, 2009

I always knew it would end like this.
get a lawyer
get a lawyer
get a lawyer
get a lawyer
get a lawyer

Marsol0
Jun 6, 2004
No avatar. I just saved you some load time. You're welcome.
yep.

Hed
Mar 31, 2004

Fun Shoe

Flat Daddy posted:

I'm using the this terrible company-branded spinoff version of rhel, so anything would be a step up

Is it red star OS?

DONT THREAD ON ME
Oct 1, 2002

by Nyc_Tattoo
Floss Finder

Hed posted:

Is it red star OS?

the interview thread is in a the cavern of cobol

fritz
Jul 26, 2003

if I'm reasonably solid in c and c++ and a bunch of other langs how terrible is it going to be if i have to pick up objective c with a quickness

DONT THREAD ON ME
Oct 1, 2002

by Nyc_Tattoo
Floss Finder

fritz posted:

if I'm reasonably solid in c and c++ and a bunch of other langs how terrible is it going to be if i have to pick up objective c with a quickness

the hard part of objective c is learning the framework

Hed
Mar 31, 2004

Fun Shoe

MALE SHOEGAZE posted:

the interview thread is in a the cavern of cobol

Nice!

fritz
Jul 26, 2003

MALE SHOEGAZE posted:

the hard part of objective c is learning the framework

thats libraries, right?

DONT THREAD ON ME
Oct 1, 2002

by Nyc_Tattoo
Floss Finder

fritz posted:

thats libraries, right?

ya

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Subjunctive
Sep 12, 2006

✨sparkle and shine✨

fritz posted:

if I'm reasonably solid in c and c++ and a bunch of other langs how terrible is it going to be if i have to pick up objective c with a quickness

it will help to purge your memory of all the good things in C++ like templates, and numb your syntactic-taste receptors

otherwise just pick up the frameworks and you're golden. Big Nerd Ranch book is good.

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