Could you please explain to someone who is not from the US what is the justification behind this? It seems that it is not uncommon in the US that the employer has some rights to stuff you do in your free time - to me that seems as "reasonable" as "you sold me your house so your car is also mine now". What I do in my free time is none of my employer's business, why would they have any right to any of it?
It's because in the US the theory is that by hiring you salaried, they hire your mind and creative output, not a set labor. This means they pay you for anything your mind produces and then try to claim ownership for anything your mind produces whether you were in-office or not.
(this is usually not enforcable unless you actively build competing services)
It happens in Europe too.
The rationale is that the employer gives you a lot of knowledge and tools which you could use to your own benefit... there are clear cases of abuse, some leading to litigation. I guess the employers want to defend themselves against IP theft basically.
What I normally do is ask for an agreement that projects unrelated to my employer's business is ok for me to work on, which I have always been able to get (sometimes they ask for authorization on a case-by-case basis, but usually it's just common sense).
> The rationale is that the employer gives you a lot of knowledge and tools which you could use to your own benefit
You also bring experience and knowledge to your employer that may benefit them while you're on holiday, or off sick, or even after you leave the company. Maybe we should send them a bill for these incidental benefits?
Does it really? I am from Europe and I have lived and worked in 3 EU countries, many of my friends have experience from other countries and I have never heard anyone mention this is. Obviously, my personal experience is limited. In what country do you live if I might ask?
