6 ms·

I tell people that the worst case scenario is that they use a week of vacation, but because of the extra pay they can take a nicer vacation later on. Maybe I'm

I tell people that the worst case scenario is that they use a week of vacation, but because of the extra pay they can take a nicer vacation later on. Maybe I'm a paranoid pessimist, but it seems to me that the worst case is that their employer finds out about this and then fires them because of breach of contract, specifically the non-compete clause. Granted, not everyone is under a non-compete clause, but it's still a risk people should think about. And it's still something Weebly should think about, too, unless they actually completely throw away the work their candidates produced during the trial week.

spinlock 13y ago
This is a great point. I like the idea of trial week but I think it's a non-starter for people who are already employed.
cmansley 13y ago
Non-competes are illegal in California. And no other place matters right?
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    - michaelochurch 13y ago
      Redacted previous comment, because I think you know more about this topic than I do.
      - ddebernardy 13y ago
        Begs the question to outsiders, in the end, seeing the two deleted posts. So... are they illegal?
        kabdib 13y ago
        They're not enforceable. However, you can't take trade secrets or sales lists with you, that kind of thing. But you cannot be prevented from (say) working at software company A, then walking across the street to work at software company B doing the same job. The trade secrets thing is where it gets nasty. I've seen people in court because the old employer accused them of using trade secrets in the new job. So if your old employer has a tendency to be nasty, you need to be squeaky clean about your departure, and even then you might get sued.
tptacek 13y ago
Employers of salaried employees generally don't need cause to fire employees, and not only are employee non-compete contracts generally not binding in California, but also it's not the nature of an enforceable non-compete that you can't do software development for any company (or even most companies).
- GrinningFool 13y ago
  "and not only are employee non-compete contracts generally not binding in California, but also it's not the nature of an enforceable non-compete that you can't do software development for any company (or even most companies)." Locality aside, non-compete isn't what would get you here. For most companies, they likely have specific policy in place - that you agree to around taking outside work while still employed by them. It might be they allow it, in which case it's fine. More typical is that you need to get some level of approval for work that doesn't conflict. In some cases they ban it outright, though I suspect the latter isn't particularly enforceable. Certainly I've been in situations where I've picked up non-conflicting side contracts, and my employer has turned the other cheek because the approval process was tedious. However, that will vary significantly by company, and - legality aside - IMO they would've been within their rights to call me to task for it, because I knowingly agreed to their terms on the matter. "Employers of salaried employees generally don't need cause to fire employees" That's only so much handwaving. Yes, they generally can fire you for any reason or none at all. On the other hand, they typically won't. Unless you give them cause by taking an action contrary to the actual terms of employment you agree to. Then they certainly will do so.
  - tptacek 13y ago
    I think we're talking past each other. All I'm saying is, the specifics of how you upset your employer are probably irrelevant. Anything you do to piss off your employer is probably grounds for termination. I'm not disputing the risk of doing a temp-to-perm project for a prospective new employer. But the operators of these programs would probably retort by saying that they're the last step before confirming that you're giving notice anyways.
isb 13y ago
There are other legal issues too - if you are on a H1B visa, you can't get paid for a try-out period at another company.

spinlock 13y ago

This is a great point. I like the idea of trial week but I think it's a non-starter for people who are already employed.

cmansley 13y ago

Non-competes are illegal in California. And no other place matters right?

deleted 13y ago
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  - michaelochurch 13y ago
    Redacted previous comment, because I think you know more about this topic than I do.
    - ddebernardy 13y ago
      Begs the question to outsiders, in the end, seeing the two deleted posts. So... are they illegal?
      - kabdib 13y ago
        They're not enforceable. However, you can't take trade secrets or sales lists with you, that kind of thing. But you cannot be prevented from (say) working at software company A, then walking across the street to work at software company B doing the same job. The trade secrets thing is where it gets nasty. I've seen people in court because the old employer accused them of using trade secrets in the new job. So if your old employer has a tendency to be nasty, you need to be squeaky clean about your departure, and even then you might get sued.

tptacek 13y ago

Employers of salaried employees generally don't need cause to fire employees, and not only are employee non-compete contracts generally not binding in California, but also it's not the nature of an enforceable non-compete that you can't do software development for any company (or even most companies).

GrinningFool 13y ago
"and not only are employee non-compete contracts generally not binding in California, but also it's not the nature of an enforceable non-compete that you can't do software development for any company (or even most companies)." Locality aside, non-compete isn't what would get you here. For most companies, they likely have specific policy in place - that you agree to around taking outside work while still employed by them. It might be they allow it, in which case it's fine. More typical is that you need to get some level of approval for work that doesn't conflict. In some cases they ban it outright, though I suspect the latter isn't particularly enforceable. Certainly I've been in situations where I've picked up non-conflicting side contracts, and my employer has turned the other cheek because the approval process was tedious. However, that will vary significantly by company, and - legality aside - IMO they would've been within their rights to call me to task for it, because I knowingly agreed to their terms on the matter. "Employers of salaried employees generally don't need cause to fire employees" That's only so much handwaving. Yes, they generally can fire you for any reason or none at all. On the other hand, they typically won't. Unless you give them cause by taking an action contrary to the actual terms of employment you agree to. Then they certainly will do so.
- tptacek 13y ago
  I think we're talking past each other. All I'm saying is, the specifics of how you upset your employer are probably irrelevant. Anything you do to piss off your employer is probably grounds for termination. I'm not disputing the risk of doing a temp-to-perm project for a prospective new employer. But the operators of these programs would probably retort by saying that they're the last step before confirming that you're giving notice anyways.

isb 13y ago

There are other legal issues too - if you are on a H1B visa, you can't get paid for a try-out period at another company.