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Microsoft Sues Google For Hiring MS Exec
bonch writes "So it begins...Microsoft is suing Google for wooing away a top executive to work in a China research lab. Microsoft is accusing Kai-Fu Lee of breaking his contract by taking a job within a year of leaving Microsoft, and accused Google of 'intentionally assisting Lee.' Google describes the claims as 'completely without merit' and vows to defend against them."
Maybe he should have read his contract, especially considering:
"At Microsoft, Lee oversaw development of the company's MSN Internet search technology, including a desktop search service released earlier this year."
Sign a non-compete clause on your contract, run a department, leave that company to work for the competitors identical department, and then sit back and say "Aw shucks, I didn't realize this would be a problem."? No, sorry, no support from me on this issue.
Sounds more like Google went head-hunting and didn't cross their T's and dot their i's.
And don't proclaim the whole 'undue hardship of finding a job in that field' angle, because it's rather obvious exactly why he got this job.
I think Microsoft will probably let this one go; however, it does reflect poorly on Lee (and Google).
"Anybody who tells me I can't use a program because it's not open source, go suck on rms. I'm not interested." (LT 2004)
MicroSoft has a bad history of hiring managers/senior programmers from other companies and having them do the exact same work they used to do, but under their new four colored flag. So indeed: For the greater good, sue them (back)! :p
"but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
Before you sign anything, Talk to a lawyer. Make sure they deal with contract disputes regularly. It's true that lawyers charge outrageous fees for their services, but in this case it's worth it since "the contract never expires" and "everything you do belongs to them" FOR THE REST OF YOUR LIFE? How much would you pay a doctor to cure a bacterial infection? or a mechanic to fix your transmission? If it's as big a part of your life as a contract, you should be be willing to consult a specialist to make sure it's set up well.
Slashdot is a bunch geeks who are good with technology, but that doesn't make any of us legal experts in any way shape or form. I am sure that you can hammer out a mutually acceptable agreement if you get some legal muscle working on it.
Can you be Even More Awesome?!
Just because its in their standard contract doesnt mean you have to sign for it. Don't give a company unreasonable control over your life after you no longer work for them.
Most companies will agree to reasonable changes to your contract if you negotiate with them upon signing. Contracts can include ridiculous limitations to the way you live your life now and in the future, read them carefully and don't be afraid to ask for changes. they've had the contract written up to give them as much as possible, but as an employee its up to you to decide how much you want to give them.
If they're completely inflexible do you really want to work for Hugenormous Pan-galactic Deathcorp Inc.?
Starsucks
the employee had a contract with Microsoft. Google was under no such agreement. Good luck with this one Microsoft. Maybe going after the employee would have worked, but going after Google?
With Apple sueing fan sites for allegedly inducing people to break their contracts (NDA is a type of contract) and winning, they've paved the way for people to be sued* for allegedly inducing someone to break a contract. Which is the better company again? (Yeah, I expect to get modded down from the Apple fan-boys, but it's true, it's annoying when someone points out facts).
* Although it's highly possible they weren't the first, they have still taken advantage of it though.