4 ms·

Yes, but I'm not going to say exactly where.

dekhn 5y ago
OK you need to find a lawyer to get real advice immediately. You can't just dump something like this on HN and ask for advice without providing enough context for us to advise. This doesn't like a big company, so in many ways my suspicion is this is a small company with a greedy founder and lawyer and they are taking advantage of employees. If it's a large company, they should know better. If I were to handle this myself, I'd first check to see whether I was 100% convinced that I needed to keep a job to support my family, because voluntarily signining away IP rights like this is a terrible idea, even if it is legal and/or enforceble. Next, i'd evaluate whether I could get away with not signing the form. Are they making it a condition for further employment? An implied threat you'll be fired? My guess is no, it's really a bluff, they want you to sign, but if you pushed back correcftly, they'd fold. However, it's a delicate thing to do that.
fallingfrog 5y ago
I've only been at the company 3 days and they sent this in a mass email to everyone to sign ASAP. I'm too new to have any leverage but I've been unemployed for 3 months and I really need money.
- jevoten 5y ago
  Consider networking with your co-workers. You may not have much leverage on your own, but you do as a group. They probably don't like that clause either. But they also might not be aware of it, or how severe it is. Make sure they know. Especially the "or anticipated future business", which is a potentially arbitrarily broad category. And make sure to point out to your co-workers that, if they sign, the company could claim any idea they have in the future is based on one they had in the past, that they signed over to the company. And that this could impact their future employment, as employers might open themselves to legal liability if this company decides to sue them, on the logic that they are benefiting from your ideas, which they own. In sum, this is a catastrophically bad contract, and the only way they'll get everyone to sign it is if your co-workers aren't aware of how bad it is. So make sure they are acutely aware.
- cafard 5y ago
  My sister-in-law got a ridiculous non-compete during her employment at a government contractor. It was sent broadcast if not to all employees, then to many in her general area. She is a lawyer, my brother is a lawyer, and between them they drafted a non-compete she would be willing to sign. The contractor sent it out with minimal changes as the non-compete to be signed. So talk to a lawyer. I doubt you're the only person with questions.
JPLeRouzic 5y ago
It is possible find a text on DDG which is very similar: (a) The Employee has attached hereto, as Exhibit A, a list describing all discoveries, ideas, ... which were created,... by the Employee prior to the Employee’s employment by the Company ..., which relate ... to the ... business of the Company, and which are not assigned to the Company ... or, if no such list is attached, Employee represents that there are no Prior Developments. I am not a layer, nor even a native speaker, but it looks to me that this company does not want to steal prior ideas or inventions, but wants to protect them from future claims of ownership by an (ex) employee. So the employee has to provide a list of ideas/inventions/etc that (s)he claims as their own. Indeed I may be entirely wrong.
- dekhn 5y ago
  The quoted text you provide is about telling a new employer about past inventions. That's standard at any big company. The text the poster quoted is a transfer of that IP. that is not standard.

OK you need to find a lawyer to get real advice immediately. You can't just dump something like this on HN and ask for advice without providing enough context for us to advise. This doesn't like a big company, so in many ways my suspicion is this is a small company with a greedy founder and lawyer and they are taking advantage of employees. If it's a large company, they should know better. If I were to handle this myself, I'd first check to see whether I was 100% convinced that I needed to keep a job to support my family, because voluntarily signining away IP rights like this is a terrible idea, even if it is legal and/or enforceble. Next, i'd evaluate whether I could get away with not signing the form. Are they making it a condition for further employment? An implied threat you'll be fired? My guess is no, it's really a bluff, they want you to sign, but if you pushed back correcftly, they'd fold. However, it's a delicate thing to do that.

fallingfrog 5y ago

I've only been at the company 3 days and they sent this in a mass email to everyone to sign ASAP. I'm too new to have any leverage but I've been unemployed for 3 months and I really need money.

jevoten 5y ago
Consider networking with your co-workers. You may not have much leverage on your own, but you do as a group. They probably don't like that clause either. But they also might not be aware of it, or how severe it is. Make sure they know. Especially the "or anticipated future business", which is a potentially arbitrarily broad category. And make sure to point out to your co-workers that, if they sign, the company could claim any idea they have in the future is based on one they had in the past, that they signed over to the company. And that this could impact their future employment, as employers might open themselves to legal liability if this company decides to sue them, on the logic that they are benefiting from your ideas, which they own. In sum, this is a catastrophically bad contract, and the only way they'll get everyone to sign it is if your co-workers aren't aware of how bad it is. So make sure they are acutely aware.
cafard 5y ago
My sister-in-law got a ridiculous non-compete during her employment at a government contractor. It was sent broadcast if not to all employees, then to many in her general area. She is a lawyer, my brother is a lawyer, and between them they drafted a non-compete she would be willing to sign. The contractor sent it out with minimal changes as the non-compete to be signed. So talk to a lawyer. I doubt you're the only person with questions.

JPLeRouzic 5y ago

It is possible find a text on DDG which is very similar: (a) The Employee has attached hereto, as Exhibit A, a list describing all discoveries, ideas, ... which were created,... by the Employee prior to the Employee’s employment by the Company ..., which relate ... to the ... business of the Company, and which are not assigned to the Company ... or, if no such list is attached, Employee represents that there are no Prior Developments. I am not a layer, nor even a native speaker, but it looks to me that this company does not want to steal prior ideas or inventions, but wants to protect them from future claims of ownership by an (ex) employee. So the employee has to provide a list of ideas/inventions/etc that (s)he claims as their own. Indeed I may be entirely wrong.

dekhn 5y ago
The quoted text you provide is about telling a new employer about past inventions. That's standard at any big company. The text the poster quoted is a transfer of that IP. that is not standard.