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Worrying About Employment Contracts?

An anonymous reader wonders: "I was preparing to accept a software developer job at a California company and was put off by the contract which claimed ownership of any ideas I create (on my own time or at the company) during my stay at the company and required me to inform them of any ideas (related to the company or not) during my employment and for a year afterwards. I've found references to a couple of instances where this became a legal problem for the developer. Is this something to worry about?"

6 of 98 comments (clear)

  1. Contracts are what the parties involve agree on. by Ihlosi · · Score: 4, Informative

    If you don't like to have your ideas pwned by some corporation, ask them to take the offending lines out of the contract. If they refuse, look for a different job.

  2. Yes. by Anonymous Coward · · Score: 5, Informative

    Carefully strike through the offending lines, initial them, and hand the contract like that back to the company. Now the ball is in their court. They can see what they (their lawyers) were asking is unreasonable, and initial the changes as well, or they can get back to you. Then negotiation starts. But whatever you do, don't just blithely sign it and think "oh, that'd never be a problem anyway". The very purpose of contracts existing is to make certain that things won't become problems.

  3. Evan Brown by eric76 · · Score: 3, Informative

    Evan Brown ran into this problem.

    He lost his job and spent quite a while in court fighting it.

    His contract used the word "inventions" instead of "idea" but they interpreted "invention" to include just about anything.

  4. Some other comments... by kiwimate · · Score: 3, Informative

    Also check out previous Ask Slashdot articles. No, not identical to what you're asking, but still some good points.

  5. Also consult California law. by FooAtWFU · · Score: 5, Informative

    CALIFORNIA LABOR CODE SECTION 2870
    INVENTION ON OWN TIME - EXEMPTION FROM AGREEMENT

    (a) Any provision in an employment agreement which provides that an employee
    shall assign, or offer to assign, any of employee's rights in an invention to employee's employer shall
    not apply to an invention that the employee developed entirely on employee's own time without
    using the employer's equipment, supplies, facilities, or trade secret information except for those
    inventions that either:

    (1) Relate at the time of conception or reduction to practice of the invention to
    the employer's business, or actual or demonstrably anticipated research or development of the
    employer; or
    (2) Result from any work performed by the employee for the employer.

    (b) To the extent a provision in an employment agreement purports to require an
    employee to assign an invention otherwise excluded from being required to be assigned under
    subdivision (a), the provision is against the public policy of this state and is unenforceable.

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    1. Re:Also consult California law. by Matt+Perry · · Score: 4, Informative

      Thanks, but in the future please provide a link to the official source. Here's the relevant text from the California legislative information web site. There's a bit more text than what you've posted. This is from the CA labor code.

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