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"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
by 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 agoI 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.
- GrinningFool 13y agoFair point, I think I focused more on the context than the statement. I'd view it overall as less of an issue if there were numbers better than 2/3rds (I believe I saw posted elsewhere) proceeding to the offer phase. To me that represents a huge risk: a 33% chance that I'll have done this contract work, lost vacation time, and jeopardized my current employer relationship. If the number is higher than that, then I'd have to ask if there is really as much benefit as it seems. If the purpose is ultimately to weed out those who just aren't compatible, it seems a 1 day project would suffice.