Death by NDA

[etherial]

Some of you may have been aware that I was starting a new job today. It was to examine calculus problems for math textbooks and create example solutions and guided practice. Unfortunately, that job suffered a Death by NDA. The NDA included a Non-Competition Clause. Pro-Corporate-types consider this an attempt by the company to ensure that its employees don't quit and start up a competitor using the knowledge they gained in their job. Pro-Employee-types consider this an attempt to prevent people from being able to afford to quit their jobs. In general, I object to Non-Competition Clauses, but wouldn't have minded this one too much were it not for some of the language. Because I would be working on math textbooks, the Contract could prevent me from pursuing the manufacturers of these math textbooks for use in my classroom. As a matter of fact, the Contract could prevent me from even using these math textbooks for use in my classroom. When I brought my concerns to my would-be-supervisor's supervisor, he punted me out of the building.

Greg: 0
Evil Evil Contracts: 1

FLAWLESS VICTORY

Comments

[neuromancerzss.livejournal.com]

Wait, the NDA said you couldn't use the product you were producing?

not exactly.

[etherial.livejournal.com]

see below.

[aleksandyr.livejournal.com]

Findlaw has a fairly nice summary:
http://employment.findlaw.com/employment/employment-employee-job-loss/employment-employee-non-compete.html

Are they alleging that you received specific training in examining calculus problems from the company at the company's expense, and that this gives you a competitive advantage to the detriment of the company?

I can't really comment in any further productive fashion without the specific language of the NCA. Mind posting it?

I'll try.

[etherial.livejournal.com]

It said that I couldn't solicit their customers.

Re: I'll try.

[aleksandyr.livejournal.com]

Were you responding to a job offer / want ad / etc, or asking them to create a position for you?

Are you still on good terms with this company?

Re: I'll try.

[etherial.livejournal.com]

They asked a staffing firm to fill a contract position. The staffing firm contacted me via craigslist about the position.

I believe I am still on good terms with the staffing firm. I would never work for the publishing company.

Been there, done that. :/

[marmota.livejournal.com]

*nod* I've had all sorts of headaches over IP/NDA/NCCs. As a sysadmin, I've written various scripts and tools to make my job easier, and for about a decade I've been migrating them from job to job. They are GPL'ed, specifically to insure that no employer tries to claim them as their own. Not surprisingly, some of them have tried it anyway. "You wrote that here, it's ours." Like hell, I'm not reinventing the wheel for every job. "Anything you even think of writing here is ours". Again like hell, if the company does biotech research they have no claim on my palmos checkbook manager code. As you can imagine, I've had some knockdown drag out contract editing sessions with dullards in suits over this, fairly often resulting in job offers being retracted.

Re: Been there, done that. :/

[etherial.livejournal.com]

There was no mention of an NDA until after I was hired. I was only trying to negotiate two phrases out of the NCC, but they wouldn't hear it.

Re: Been there, done that. :/

[aleksandyr.livejournal.com]

I seem to remember that sort of trickery not being per se enforceable.

Re: Been there, done that. :/

[aleksandyr.livejournal.com]

That is to say that there have been NCAs overturned because of this. Not sure which state.

[kestrel404.livejournal.com]

That seriously sucks. They dropped you because they didn't want to change their boilerplate NDA/non-compete clause to something that might actually HELP them in the long run. I hate suits. So very glad I'm insulated from the suits in my company.

[anitra.livejournal.com]

Yuck! Major suckitude.

Oh well, you have Andrew's contact information, right?

[k1ttycat.livejournal.com]

I'm sorry things didn't work out, but it sounds like you will be better off without them.