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0 pointsrohansingh12y ago0 comments

Do you have a source for this claim? None of my contracts in the US have ever had something like this. It's in fact illegal in most jurisdictions, including California.

0 comments

6 comments · 2 top-level

SomeCallMeTim12y ago· 4 in thread

>It's in fact illegal in most jurisdictions, including California.

IANAL, but AFAIK it's absolutely not illegal in California; what's illegal is preventing you from working for a competitor AFTER you quit.

I've never had a salary employment contract in California that DIDN'T say they owned everything I did in my off time, at least if I was working on something in a similar domain. The best contracts explicitly state that I can get an exemption, or that I can work on unrelated projects, but all have the clause.

If it's illegal, a lot of companies are breaking the law.

fizx12y ago

The interpretation is complicated, but its neither black or white. Also, its standard in asymmetric contracts (EULAs, employment, rentals) for the drafting side to completely overreach.

RTFM here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr...

SomeCallMeTim12y ago

>.... except for those inventions that ... [r]elate at the time of conception or reduction to practice of the invention to the employer's business, or actual or demonstrably anticipated research or development of the employer

Seems pretty clear on the "similar business" front. IIRC that's been the wording in many if not most of the contracts I signed while I was still working as an employee in CA.

I've mostly worked in games, too, and so that pretty much meant "no game dev in my free time," period. A strong motivator to go indie/consulting.

rjurney12y ago

That document actually says that YOU own everything you do outside of work, so long as it doesn't use company resources or is directly related to your work at company.

SomeCallMeTim12y ago

The document most certainly said that my employer owned everything that I did that was related to my employer's business. The thing about working on salary is that there's no punching in and out; just because I'm working at home doesn't mean I'm necessarily "outside of work" -- I worked at home doing paid work for over three years, in fact, seeing the inside of their office only 2-3 days a month.

I work in games. If I do something in my free time that's game-related, it's arguably related to the work my company does.

So I quit and started contracting. Now I own what I work on when I'm on my own time.

walshemj12y ago

You want to check the small print of your contract but it depends on how related to you day job it is - the real point is could you afford to fight your employer.

And if you get caught using any of employers code like Sergey Aleynikov you are SOL

j / k navigate · click thread line to collapse

0 comments

6 comments · 2 top-level

SomeCallMeTim12y ago· 4 in thread

>It's in fact illegal in most jurisdictions, including California.

IANAL, but AFAIK it's absolutely not illegal in California; what's illegal is preventing you from working for a competitor AFTER you quit.

If it's illegal, a lot of companies are breaking the law.

fizx12y ago

The interpretation is complicated, but its neither black or white. Also, its standard in asymmetric contracts (EULAs, employment, rentals) for the drafting side to completely overreach.

RTFM here:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&gr...

SomeCallMeTim12y ago

Seems pretty clear on the "similar business" front. IIRC that's been the wording in many if not most of the contracts I signed while I was still working as an employee in CA.

I've mostly worked in games, too, and so that pretty much meant "no game dev in my free time," period. A strong motivator to go indie/consulting.

rjurney12y ago

That document actually says that YOU own everything you do outside of work, so long as it doesn't use company resources or is directly related to your work at company.

SomeCallMeTim12y ago

I work in games. If I do something in my free time that's game-related, it's arguably related to the work my company does.

So I quit and started contracting. Now I own what I work on when I'm on my own time.

walshemj12y ago

You want to check the small print of your contract but it depends on how related to you day job it is - the real point is could you afford to fight your employer.

And if you get caught using any of employers code like Sergey Aleynikov you are SOL

j / k navigate · click thread line to collapse