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Judge Clears the Way for Google's Microsoft Hire
MarkEst1973 was one of the first to write to tell us MSNBC is reporting that a Judge has cleared the way for Google to hire former Microsoft employee Kai-Fu Lee. The hire does come with several limitations and Lee was also found to have 'misled his former employer and taken advantage of confidential Microsoft information'. This comes as a follow up to the original story in which Microsoft sued Google in order to prevent the hire. Tom Burt was quoted as saying that "Dr. Lee is going to be the highest-paid HR manager ever."
This is good news all around (all right, maybe not for Mr. Ballmer) as it underscores faith in the rights of employees to work for whom they want when they want assuming they act in reasonably good faith (NOTE: this is a standard hardly applied equitably to corporations.
If you read the transcripts it seems clear (to me at least) Microsoft kind of blew it with this guy. They hired him for important work expanding their market into China and hamstrung him in his ideas and proposals.
Also, as an aside, I got criticized for my post and my views about this issue. Most notable I feel vindicated in this portion of the exchange:
My response (emphasis mine):Also, for the record, in contrast to Tom Burt's crowing ""Dr. Lee is going to be the highest-paid HR manager ever.", Google's main goal was to have Lee to establish recruiting and expansion in China... And I doubt for a moment Lee won't be contributing to discussions about products and company directions. That part of the "contract" is just plain unenforcable.
Here is the part I don't understand. How can the judge actually prevent him from actually working on search, natural language processing and speech recognition many years from now. Who's going to actually keep track of all the compete/noncompete activities?
If they're well-connected, HR managers can bring in an extreme amount of talent. It really comes down to who you know and how they think of you.
If they know you and trust/like you, chances are you might be able to bring them aboard. Let's face it, it doesn't matter what company we're talking about - getting the right employees can make or break you.
Everything I need to know I learned by killing smart people and eating their brains.
For the next year he will be the best compensated HR man around. After all MS, that is what the non-competion agreement you made him sign was for....After that, he can freely work to put MS into the ground. Which he will more than likely be very notivated to do after this debacle.
Requiem
It should be found unconstitutional to deny someone to accept employment at any company because they worked for a competitor at one time, no matter how recent. This is called the FREE MARKET! You have to pay to play.
Of course if someone is privy to confidential information at a job and then woks for a competitor they should not be allowed to discuss trade secrets etc, but the benefit of the doubt has to be given to them until it can be proved they spilled the beans! You have to prove people guilty in my country I thought.
No company owns their employees. Make them an offer they can't refuse or eat it. These are the values we go to war and die for, after all.
"If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer
Maybe, but the burden of proof is on MS to prove he used Confidential info. To prove this they would have to reveal that Confidential info at trial to show the judge and jury the facts and I doubt the judge would seal the transcript. So then everyone would know. This won't get in front of a trial judge, it will be settled. All it would take is for Google to not let him work on the technologies he developed at MS for one year, and I doubt the case can get heard in a year. Of course MS could then sue Google for somehow using MS "Trade Secrets" they supposedly got from Mr Lee. But that is still very hard to prove.
I know everyone isn't fond of the Evil Empire (myself included), but this guy did essentially "screw over" MS. Top it off with violating a no-compete and sharing confidential MS info with Google.
If I was going to jump ship with my present company, I'd at least see if they could work something out with me.
people should able to work when and where they want, attempting to prevent us doing so, is slavery essentially
Sure, you can work at anything you want (provided you're qualified, and someone wants you at a price you're willing to accept). But if you want a nice six-figure paycheck from Microsoft, and all of the usual benefits, then you'll have to consider agreeing to some specific terms of that employment. They are hardly making a slave out of you for holding you to what you agreed to do in exchange for that fat paycheck.
but a blanket ban on being able to work for anyone else
Well, since that wasn't even an issue, it's not clear why you're bringing it up.
corperations don't own us, they OWE us
Well sure - right up until payday. And then, with that cash in your bank account, they don't owe you until you do more work for them. On the other hand, if you're a customer of that corporation... they only owe you if you pay in advance for whatever it is that they do for you.
The best way to avoid feeling "owned" by a company is to start one yourself. Or, be so valuable that you can either strike those non-compete terms from your contract, or get paid so much while you do work there that you don't really care if you have to take a year off of your career when you leave. But there is no "slavery essentially" involved, in that it's all about choice, for everybody involved.
Don't disappoint your bird dog. Go to the range.
It actually goes much deeper. China is a huge market about to explode into a growth surge beyond imagination. Opportunities exist within a narrow window for both MS and Google to establish partnerships and business relationships with the companies that will become the movers and shakers in China for the next century. It will be a challenge to any company to adapt their business methods to the local environment, deal with a government much different from their experience, and earn trust and market share from the Chinese people. China also represents a huge potential source of IT talent just waiting for a direction. Google and MS will be competing for the Gorden Bells, Dan Bricklins, Gates, Jobs, Allens and Wozs of China. Influencing the directions taken in the creation of the Chinese IT industry is the equivalent of influencing the next major stage in the evolution of a connected World - and arguably the next stage in human evolution. It's an opportunity to create a new paradigm from the ground up. And there will be money. Unholy low Earth orbit high shitpiles of money.
Of course all this starts with the boots-on-the-ground presence. Google has chosen Kai-Fu Lee as their point man. He joins a growing group at the core of Google that includes some of the most influential and experienced people in the IT community. Coupled with Google's track record in product development and unique corporate culture, this collection of talent establishes Google as a driving force in the industry. It also validates Google's reputation for having its heart in the right place. Lee will bring Google and the Google vision to China. He will be one of the people shaping the relationship between China and the rest of the world. He could work anywhere. Microsoft wanted him so bad they sued to keep him. He chose Google. And he left MS, lawsuits and all. If he never speaks of his experience at MS again, he has already made a powerful statement. And if he can earn the trust of the Chinese people and government, Mr. Lee, and Google, will make many more.
billy - most noncompete contracts in the mainstream business community are about the relationships with a company's clients...to prevent you from moving to another company and taking your customers with you