4 ms·

I haven't seen a tech employee contract in the Bay Area where you are not asked to waive your rights. The question is, is it enforceable?

NonEUCitizen 7y ago
No. Companies have to include a document informing you that "in California, portions of the previous pages we just asked you to sign might be unenforceable."
- ssalazar 7y ago
  Ugh. So the next step is to make legislate against flagrantly inserting specious waivers of rights in employment contracts to prevent this sort of thing.
unlinked_dll 7y ago
Where are you seeing this? All the contracts I've seen in California have a disclosure sheet of the law, specifically non-solicitation and IP ownership (on company time/premises with company resources) and don't ask you to waive rights.
- riazrizvi 7y ago
  I need to go home to check the wording on the two contracts I quit over but they essentially said any idea I have while employed belongs to the company. Though it was subtle. They said my ideas belong to me if I come up with them on my own, unless they relate in any way to a software business, and neither company was willing to put any definition/boundary on what their software business was limited to. Which essentially puts a limit on you developing ideas related to your trade. (The California Law was written to stop companies preventing professionals from being able to practice their trade). My initial expansive statement is based on this personal experience and on discussions with recruitment agents and senior developer friends who have been in the area longer than me, they all told me it is the norm in the industry. Though I admit most of my professional career has been spent on Wall Street and the City in London, so I don't know, maybe I'm misguided?
geoelectric 7y ago
Possible these laws have a specific line about not being waiveable via contract, a la our renter protection laws. I seem to remember that might be the case for the non-compete, and I'd be surprised if the non-solicit voiding law wasn't the same. However, I think the explicit codification also prevents that. AFAIK, once something is in state code as a requirement/prohibited/void action you can't personally waive that.

NonEUCitizen 7y ago

No. Companies have to include a document informing you that "in California, portions of the previous pages we just asked you to sign might be unenforceable."

ssalazar 7y ago
Ugh. So the next step is to make legislate against flagrantly inserting specious waivers of rights in employment contracts to prevent this sort of thing.

unlinked_dll 7y ago

Where are you seeing this? All the contracts I've seen in California have a disclosure sheet of the law, specifically non-solicitation and IP ownership (on company time/premises with company resources) and don't ask you to waive rights.

riazrizvi 7y ago
I need to go home to check the wording on the two contracts I quit over but they essentially said any idea I have while employed belongs to the company. Though it was subtle. They said my ideas belong to me if I come up with them on my own, unless they relate in any way to a software business, and neither company was willing to put any definition/boundary on what their software business was limited to. Which essentially puts a limit on you developing ideas related to your trade. (The California Law was written to stop companies preventing professionals from being able to practice their trade). My initial expansive statement is based on this personal experience and on discussions with recruitment agents and senior developer friends who have been in the area longer than me, they all told me it is the norm in the industry. Though I admit most of my professional career has been spent on Wall Street and the City in London, so I don't know, maybe I'm misguided?

geoelectric 7y ago

Possible these laws have a specific line about not being waiveable via contract, a la our renter protection laws. I seem to remember that might be the case for the non-compete, and I'd be surprised if the non-solicit voiding law wasn't the same. However, I think the explicit codification also prevents that. AFAIK, once something is in state code as a requirement/prohibited/void action you can't personally waive that.