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Anything done on the employee's own time, using their own equipment, and not relying on IP owned by the company is owned by the employee, and non-competes do no
by the_watcher 7y ago
Anything done on the employee's own time, using their own equipment, and not relying on IP owned by the company is owned by the employee, and non-competes do not apply. There's a standard form outlining this attached to every CA employment agreement.
- ogre_codes 7y agoFrom the sounds of it, they are going after him for non-compete, but breach of contract.
- saagarjha 7y agoYou missed the part where you can't work on something that is in the same field.
- levythe 7y agoHas this actually held up? My understanding is that what specific and specialized areas of work on off-time is considered company IP have to be enumerated, and must depend upon availability of unusual proprietary information.
- the_watcher 7y agoI haven't found any cases in my (admittedly brief) search that actually rule on this, but there's a pretty clear pattern in CA jurisprudence that suggests that a broad application of "related work" is unlikely to be looked upon positively. To me, it's pretty clear that use of trade secrets would be about the only thing that courts are _likely_ to agree upon as out of bounds for personal work.