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Many commenters confused here by different contracts in tech that say differently. In California, there is an appendix that is required to be included in emplo
by carlosdp 4y ago
Many commenters confused here by different contracts in tech that say differently.
In California, there is an appendix that is required to be included in employment contracts (and applies even if they exclude it) that states an exception. Any work done by the employee cannot be claimed unless it:
1) Is done on work time, or
2) on work property (the office), or
3) using work equipment (an employer-provided laptop, for example, or their IP)
This provision is a bedrock for why startups became such a huge thing in CA: people could work on side projects that turned into startups and not worry about ownership by their employer.
Tech companies will often include this provision throughout their work force, even if you don't work in CA or another state that has a similar provision.
TLDR: If you're in CA, your work on your own time/equipment/home is yours, no matter what your employer says.
Edit: some friends of mine have worked at companies where you need to get "approved" to do side projects. They can fire you for doing side work without permission, but point still stands that they can't claim it unless you touched the work during work hours, or with a work laptop, or used their IP.