
Ask HN: Are exclusivity clauses common in developer jobs? - hellofunk
How common is this in software programming job contracts for either freelance or full-time work, and does this clause usually depend on the level of compensation for the job?
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patio11
Assuming you mean "While you're working for us, you won't work for anyone
else" as opposed to a non-compete, which is another kettle of fish entirely:

Full-time work: fairly common. It is as negotiable as anything else in the
employment contract, which is to say highly variable depending on the employer
and locality. Anecdata: a Japanese megacorp, not generally known for huge
amounts of flexibility in employment relationships, was willing to bend on
this as long as the moonlighting wasn't another full-time position as an
engineer.

Freelance: it is _heavily_ again a client's legal interests to ask you for
exclusivity (it's virtually dispositive of there existing an employment
relationship with you and every other freelancer/consultant they have on the
same paper, opening your client up to ruinous fines for failing to remit
employment taxes) and against your interests for you to grant it. I'd
generally take this as a sign of organizational immaturity. Your competent
legal advisor will strongly, strongly advise you to not grant your clients
exclusivity -- even if you're fully committed during the course of engagements
you'll typically be shepherding other gigs through the pipeline simultaneously
and the risk of them running afoul of the clause will typically be
unacceptable.

 _does this clause usually depend on the level of compensation for the job?_

I know $30k a year programming jobs that wanted exclusivity and $30k a week
programming jobs which wouldn't dream of asking for it, so, broad strokes, not
really.

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icedchai
I've had them at a few jobs.

In one case, I just ignored it. In fact, the company was actually buying
services from my side business, knowingly, while I was working there. Pretty
sure the "executives" who drafted these agreements never even read them.

In a second case, I brought it up during negotiations. They amended my offer
letter to allow for my existing clients, but no new clients.

In a third case, it was not mentioned. However, I was telling a coworker about
my outside activities and he ratted me out to a VP. I was then told I wasn't
allowed to do any outside work. I pretended I cared, ignored him, and kept on
doing what I was doing. No long term consequences were had.

