>tfw non compete clause

>get offer for sweet job in data science
>have to sign non compete clause forbidding working for competing companies
>have to sign over all related ip
What do user?

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Not sure if it's even legal to do that

Add in a clause of your own; the "non-termination" clause. You know, so if you can't work for other companies then they can't fire you.

Or he could add that if he was to be fired, the non compete clause would be nullable

How long is the non-compete for? If it is longer than a year, then it is too long. And does it say "direct competitors" or "similar industry"?

Read through the agreement.
Send a copy of the agreement to your lawyer (you should at least use your unions lawyer if you can't afford one)

Worst case, you can get forced out of your field by this company if you leave this job and want to work with something similar, but for someone else. So beware of this.

USA?
The IP agreement is illegal and unenforceable in California but I think everywhere else it's legal. Non competes are hard to enforce usually, anyway.

Non compete clauses range from very reasonable to insane.
If you disagree just refuse, it's part of the negotiation.

>have to sign over all related ip
Well duh.
If you want to keep your work to yourself what the hell would they pay you for?

How high profile is this company?

Depends how broad the IP clause is. Some companies try to claim even stuff you work on at home, in your spare time.

Ip thing is pretty standard, sometimes it goes in front of a board that decides of they want it or not

Non compete is illegal depending on the state, but also pretty standard. Read and understand the specifics, my buddy just went from doing r&d at a FOG manufacturer to doing r&d at a FOG manufacturer without an issue because they produce different architecture

Op specified RELATED IP.

Bill Gates scammed IBM by copying everything he did for IBM at home in his spare time.
If >80% of your job is doing research then you can easily write two versions of the production code....and make the one you write "privately" a little better...and release your "private" version a little sooner.

Yeah its all ip even stuff produced in my spare time

Its for 6 months, and similar industry

Canuck user, but it looks like the contract was drafted in the USA

Some start up I dont even think theyve released a product yet

Don't take my words as direction, but I'd personally never work for startups. It's terrible.

Also it reads like the IP to be signed over extends to past projects (but that can't be legal, right?)

>6 months
This is fine.

>similar industry
This is not.

Tell them to change it to be clear. "Work done for [The Company] during the employment period."

>but that can't be legal, right?

Pretty much anything you choose to sign can be legal.

Seems like you have a lot of questions.
Just ask them what everything means and decide for yourself if it's a good deal or not.
Don't ask Sup Forums to do your contract negotiations for you.

This is the best course of action.

Even though non-competes were out of control in the early 00's and were curtailed by courts, they still have some bite. A good lawyer will know or look up the state-level laws regarding this.

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Is a non-compete clause still in force if you get fired or laid off?

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It is the whole point.

Will do, thanks
It doesn't say explicitly either way, so I'm assuming yes

What are you getting in return for that? If you have a non compete in the contract say that you're not signing that unless you get garden leave for the same period of time and some bonus structure.

Garden leave is basically where they'll continue to pay your full salary but you wont be expected to work.

Non competes typically have a time span of something like 6-12 months, although a huge number of them are invalid, there's legal limitations they can put on them, and if they exceed those which many companies stupidly do, it may be null/void anyway. Get a lawyer to have a look.

But generally the case is, if they're asking you to contractually inconvenience yourself, you need to demand something in return for it, if they refuse then go work elsewhere.

live in california or alternatively just yolo it. If they and sue you for IP, just blow it all over the internet. the non-compete shit is pretty much borderline unenforceable outside of like idaho or some meme state.

>Pretty much anything you choose to sign can be legal.

as long as it id not illegal. the rule of law always prevail on private agreements.

is I sign a contract with you so that you kill me, you will still be charged for first degree murder.

Those clause have no legal effect here even if you sign it, because an employer can't bind you from not exercising your job and work.

if they terminate the contract they can't bind OP from anything anyway.

Come on man?! Just because they say they own the work doesnt mean shit. Every tech company requires NDA and if you want to work on those projects you you sign then just keep copies of everything. I've worked for to many bullshit companies and startups that claim I can't work for competitors for x number of years to which is trash but contractually allows them to fuck you in court. Best bet is to sign and if you want to jump ship at any point find a new company then just have them hire you as an external contractor with a review to full hire at the expiration of the NDA. The company with the original NDA cannot sue you if you don't directly work for a competing company.

Any company that has NDA agreements just use that to scare honest people. If you mind your P's and Q's when you leave you should be just fine. Also startups fail regularly after the first or second year and non enforceable if the company fails.

Has it got a clause like this one, for letting you opt out of IP assignment for past projects?

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>Its for 6 months, and similar industry
So basically, once you quit/get fired, you can't work for 6 months? If the company wants you to forgo half a year's salary, they should pay you half a year's salary for the privilege.

Pretty much verbatim, are they just using a random standard contract?

A lot of contracts are put together by copy-pasting together the bits you like out of other, related contracts.

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>Americans
>unions
lol

No, more like, lets say he works for an insurance startup doing data science ( e.g Geico), it means that if he stops working there he can't suddenly turn around and apply another insurance company (Allstate). He can still get in any other industry doing the same thing.

Personally I've never seen anyone be subjected to a lawsuit because of a business protection agreement and I'd imagine you'd have to stir up some real shit to have it go that far. I've seen people quit, start a tangentially related company, and then start selling their services to all the players, including their old company.

What might typically happen if you still want to stay in the industry is that you'll get the word out to one of their hiring managers, be clear about the non-compete, then start when it expires. 6 month vacation sounds nice.

Regal af bro

Are you sure you understand exactly what the non-compete clause is saying? Typically, they can't forbid you to work for competitors, but they forbid you to work for competitors on the exact same product they are currently working on, or they forbid you from contacting any of their clients when you move jobs for x number of years and they forbid you from opening your own business in the same industry for x years, but I'm pretty sure you can still go work for another company doing data science as long as you aren't working on the exact same product giving them secrets from the other company.

Is this a test? Like they don’t hire you if you are stupid enough to sign? It must be the final interview question. It would take a desperate retard to sign that. I wouldn’t buy anything from or work for a company full of people stupid enough to sign that.

>get fired or laid off
>can't find work because the company will sue you for non compete

wew, willingly letting a company own you

land of the free

Its fucked but I think this is standard in dev contracts
>land of the free
>canada

That's indeed the usual scenario, I've also had to sign a non-compete in Europe with those conditions.