

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

I&#x27;m an engineer for a major company that you&#x27;ve heard of (Google, Microsoft, Amazon, Apple, etc).<p>Upon joining, I signed an NDA and a non-compete saying that I can&#x27;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.<p>I&#x27;m working on a side-project that I wouldn&#x27;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.<p>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?
======
fpalmans
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.

------
joshuanomed
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.

