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Just a note, making a "100%" statement like this is illegal in California. In California, you are free to make contributions on your own time with your own com

Just a note, making a "100%" statement like this is illegal in California. In California, you are free to make contributions on your own time with your own computer, and those rights can't be contracted away. You are not a slave. See https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=2870 https://leginfo.legislature.ca.gov/faces/codes_displaySectio...

hoppyhoppy2 6y ago
As others have already pointed out elsewhere in this discussion, one of the exceptions written into the law ( "(1)" in your link) is relevant to this situation.
saagarjha 6y ago
They can if the work is related to your position. What counts for that? You’ll figure it out when you sue your employer after they fire you.
- lolinder 6y ago
  In this case, the contributions in question are to IBM's VNIC driver, which undoubtedly counts as "related to your position". Up until a few months ago, this employee was contributing to VNIC in an official capacity, using their work email. We don't know what changed, but that shows a clear connection that would be hard to dispute.
volta83 6y ago
> In California, you are free to make contributions on your own time with your own computer, and those rights can't be contracted away. You are not a slave. If you do that and your contract gets terminated for "unrelated" reasons, what can you do in California to fight this? TBH people are missing the point here. Employment is a "trust" thing. If your future employer tells you they don't want you doing that in your free time, you are free to pursue other opportunities. But if you accept, and then they find out you did not keep your word, you won't keep your job for long even if you say "but the law allows this", because the employer can just say "but we don't trust you anymore", and that's it. If you don't want to accept these terms, don't accept them. But accepting them to break them is not great.

hoppyhoppy2 6y ago

As others have already pointed out elsewhere in this discussion, one of the exceptions written into the law ( "(1)" in your link) is relevant to this situation.

saagarjha 6y ago

They can if the work is related to your position. What counts for that? You’ll figure it out when you sue your employer after they fire you.

lolinder 6y ago
In this case, the contributions in question are to IBM's VNIC driver, which undoubtedly counts as "related to your position". Up until a few months ago, this employee was contributing to VNIC in an official capacity, using their work email. We don't know what changed, but that shows a clear connection that would be hard to dispute.

volta83 6y ago

> In California, you are free to make contributions on your own time with your own computer, and those rights can't be contracted away. You are not a slave. If you do that and your contract gets terminated for "unrelated" reasons, what can you do in California to fight this? TBH people are missing the point here. Employment is a "trust" thing. If your future employer tells you they don't want you doing that in your free time, you are free to pursue other opportunities. But if you accept, and then they find out you did not keep your word, you won't keep your job for long even if you say "but the law allows this", because the employer can just say "but we don't trust you anymore", and that's it. If you don't want to accept these terms, don't accept them. But accepting them to break them is not great.