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>First you say >I received my contract... >Then you say >But when I got here I discovered that I'm not allowed... On my contract there is only the non compe

>First you say >I received my contract... >Then you say >But when I got here I discovered that I'm not allowed... On my contract there is only the non competing clause. What I mean when I say "I discovered" is that they told me so by email after coming here. It is not something written on the contract. Asking a lawyer is exactly what I want to do now. The non competing clause in my contract is very short and in my opinion it does not enforce what they are trying to compel me to do (I don't have it with me now, but I read it several time to be sure). But that's only my opinion and I really need legal advice on this.

nkohari 17y ago
If it's not in your contract, it doesn't exist for the purposes of law. That's good, because it means they can't take claim of any IP from your startup (which is the most important thing). The common wisdom in the US is that if you don't use your employer's time, resources, or equipment, and you don't compete materially with them, you're fine. That being said, at least in the US, employment is at-will, and companies can fire you for pretty much any reason. Arguably, a side business is a large distraction. For example, what happens if someone needs support during business hours?
- DeusExMachina 17y ago
  Actually I assured them that this will never be the case. I've done this before and never took time from other companies. I don't even check my startup email while I am at work. Given the kind of apps I develop (as of now) it nearly impossible that someone will need urgent support.
- lena 17y ago
  That being said, at least in the US, employment is at-will, and companies can fire you for pretty much any reason. This is not the case in the Netherlands (where the OP is). Employees are fairly well protected here, apart from the first month or months. That's the "probation period" (proeftijd) when an employer can fire you for any reason. It is also likely that initially you are employed for one year, which means that the company is free to fire you after that year (it's not technically firing of course, just a contract that ends). After that, people usually get a permanent contract and firing gets more difficult.
ErrantX 17y ago
> On my contract there is only the non competing clause. If that is all there is then they don't have much legal grounds to limit you like this. It depends on how they define competing though as to whether this affects your startup or not - if your doing iPhone work for them it may count (that's probably why it's worth talking to a lawyer to find out). Anything else (non-competing work, outside consultancy and open source code) is irrelevant - unless it comes under employment laws for the country (highly unlikely).
lena 17y ago
If it is not in your contract there is no way they can dictate what you do in your own time. Even non-compete clauses are often dismissed in court (in the Netherlands) because they are overly restrictive for the employee. See for example http://jure.nl/bm2162 http://jure.nl/bm2162 Please do ask legal advice. There are lots of low-cost options for an initial opinion. Google "arbeidsrecht" and you'll find a few lawyers offering a first consult for free (check the google-ads as well).

nkohari 17y ago

If it's not in your contract, it doesn't exist for the purposes of law. That's good, because it means they can't take claim of any IP from your startup (which is the most important thing). The common wisdom in the US is that if you don't use your employer's time, resources, or equipment, and you don't compete materially with them, you're fine. That being said, at least in the US, employment is at-will, and companies can fire you for pretty much any reason. Arguably, a side business is a large distraction. For example, what happens if someone needs support during business hours?

DeusExMachina 17y ago
Actually I assured them that this will never be the case. I've done this before and never took time from other companies. I don't even check my startup email while I am at work. Given the kind of apps I develop (as of now) it nearly impossible that someone will need urgent support.
lena 17y ago
That being said, at least in the US, employment is at-will, and companies can fire you for pretty much any reason. This is not the case in the Netherlands (where the OP is). Employees are fairly well protected here, apart from the first month or months. That's the "probation period" (proeftijd) when an employer can fire you for any reason. It is also likely that initially you are employed for one year, which means that the company is free to fire you after that year (it's not technically firing of course, just a contract that ends). After that, people usually get a permanent contract and firing gets more difficult.

ErrantX 17y ago

> On my contract there is only the non competing clause. If that is all there is then they don't have much legal grounds to limit you like this. It depends on how they define competing though as to whether this affects your startup or not - if your doing iPhone work for them it may count (that's probably why it's worth talking to a lawyer to find out). Anything else (non-competing work, outside consultancy and open source code) is irrelevant - unless it comes under employment laws for the country (highly unlikely).

lena 17y ago

If it is not in your contract there is no way they can dictate what you do in your own time. Even non-compete clauses are often dismissed in court (in the Netherlands) because they are overly restrictive for the employee. See for example http://jure.nl/bm2162 http://jure.nl/bm2162 Please do ask legal advice. There are lots of low-cost options for an initial opinion. Google "arbeidsrecht" and you'll find a few lawyers offering a first consult for free (check the google-ads as well).