4 ms·

IANAL, but it’s almost certainly legal, as long as all parties involved adhere to the applicable non-disclosure agreements, non-compete agreements, and intellec

IANAL, but it’s almost certainly legal, as long as all parties involved adhere to the applicable non-disclosure agreements, non-compete agreements, and intellectual property provisions of their employment contracts. Even then it’s likely to remain a civil matter in most cases. Companies can sue each other for nearly anything, so any level of this behavior could result in a lawsuit. It wouldn’t cross the line into criminality until it involved some fraudulent deception or blatant corporate espionage. For a recent example of that, see the ongoing litigation between Rippling and Deel. (But even that egregious espionage activity remains limited to civil court, at least for now.)

lukan 1y ago
"to have employees that they send off to get hired at other companies, do some stuff in those companies that are beneficial to their actual employer, and then leave before the probationary period ends." To me that sounds like not disclosing, that they work also for another company and this certainly ain't legal on most jurisdictions.
- wavemode 1y ago
  Can you cite the relevant law? I've never heard of it being illegal in the US to not tell your job that you have another job.
  - tough 1y ago
    and what if you don't work there or have a salary but happen to own some equity?
  - lukan 1y ago
    Not really without researching(also I am european and might have assumed wrong about US), but something with conflict of interest? Especially if another company ordered you to work for someone else. If all is disclosed, probably fine, but undisclosed? Definitely would not work in europe. Breach of trust etc.
  - makeitdouble 1y ago
    It's probably not the law (it would be shitty when working at a 7/11 on the weekends to have tolegally disclose all your other income resources) But basic employee contracts cover these aspects, including working in the interest of the company and IP assignments, and usually exclusivity if you're full time. These issues are old as time.
    - wavemode 1y ago
      Yeah I'm aware employment contracts might stipulate it. But violating a contract isn't against the law. Worst case you could get sued (though with an employment contract, the limit of repercussions are generally just termination).
      - makeitdouble 1y ago
        > violating a contract isn't against the law Being binding is kinda of the whole purpose of a contract. If violating it is void under the law the company should change lawyers. To put your argument under a different angle, there are many written laws you can violate with very limited consequences if any, but they are still laws. Contracts aren't written by the country, and enforcing them is civil matter so there's nuance, but violating an enforceable contract you provably agreed to is against the law. Whether you can get away with it is another question.
        codingdave 1y ago
        There are two types of law. Contracts are civil law. Breaking them does not break criminal law. Civil vs. criminal law has different procedures, different burdens of proof, and different potential consequences. When it comes to contracts, no, there are no "laws", there are agreements between parties that can be enforced if taken to court, and in that sense they are binding. But breaking them does not break any law... it just breaks an agreement.
        makeitdouble 1y ago
        The goalpost is moving. 2 posts before: > But violating a contract isn't against the law. Now: > Contracts are civil law. Breaking them does not break criminal law.
- deleted 1y ago
  [deleted]
- jameshart 1y ago
  Not sure it falls foul of broader laws, but it almost certainly breaches your employment contract, which likely includes something about following the policies of your employer; that policy (in many companies you likely have to go through onboarding training and annual refreshers on it) probably includes a code of employee conduct that has specific mention of conflicts of interest.

lukan 1y ago

"to have employees that they send off to get hired at other companies, do some stuff in those companies that are beneficial to their actual employer, and then leave before the probationary period ends." To me that sounds like not disclosing, that they work also for another company and this certainly ain't legal on most jurisdictions.

wavemode 1y ago
Can you cite the relevant law? I've never heard of it being illegal in the US to not tell your job that you have another job.
- tough 1y ago
  and what if you don't work there or have a salary but happen to own some equity?
- lukan 1y ago
  Not really without researching(also I am european and might have assumed wrong about US), but something with conflict of interest? Especially if another company ordered you to work for someone else. If all is disclosed, probably fine, but undisclosed? Definitely would not work in europe. Breach of trust etc.
- makeitdouble 1y ago
  It's probably not the law (it would be shitty when working at a 7/11 on the weekends to have tolegally disclose all your other income resources) But basic employee contracts cover these aspects, including working in the interest of the company and IP assignments, and usually exclusivity if you're full time. These issues are old as time.
  - wavemode 1y ago
    Yeah I'm aware employment contracts might stipulate it. But violating a contract isn't against the law. Worst case you could get sued (though with an employment contract, the limit of repercussions are generally just termination).
    - makeitdouble 1y ago
      > violating a contract isn't against the law Being binding is kinda of the whole purpose of a contract. If violating it is void under the law the company should change lawyers. To put your argument under a different angle, there are many written laws you can violate with very limited consequences if any, but they are still laws. Contracts aren't written by the country, and enforcing them is civil matter so there's nuance, but violating an enforceable contract you provably agreed to is against the law. Whether you can get away with it is another question.
      - codingdave 1y ago
        There are two types of law. Contracts are civil law. Breaking them does not break criminal law. Civil vs. criminal law has different procedures, different burdens of proof, and different potential consequences. When it comes to contracts, no, there are no "laws", there are agreements between parties that can be enforced if taken to court, and in that sense they are binding. But breaking them does not break any law... it just breaks an agreement.
        makeitdouble 1y ago
        The goalpost is moving. 2 posts before: > But violating a contract isn't against the law. Now: > Contracts are civil law. Breaking them does not break criminal law.
deleted 1y ago
[deleted]
jameshart 1y ago
Not sure it falls foul of broader laws, but it almost certainly breaches your employment contract, which likely includes something about following the policies of your employer; that policy (in many companies you likely have to go through onboarding training and annual refreshers on it) probably includes a code of employee conduct that has specific mention of conflicts of interest.