How your boss may have a hold on you

The battle royale between Microsoft and Google over the hiring of Kai Fu Lee has once again highlighted a fact of life for many employees in the technology industry that has long been a source of resentment if not outright contempt.

Whether bound by trade-secret protections or "non-compete" contracts, many rank-and-filers feel that their career options are severely limited for fear of litigation if they jump ship. The original intent of such agreements, largely to protect an employer's intellectual property, was quickly distorted when companies began using them to prevent losing valuable workers in the hypercompetitive labor market at the height of the dot-com boom.

Although often dismissed as a scare tactic in those days, these contractual clauses are causing much anxiety as the Lee case commands center stage. And few invidividuals have the resources to hire the kind of high-powered law firm that once represented Oliver North.

Blog community response:

"Regarding non-compete agreements, they vary from state-to-state. California has a reputation of being employee-friendly, while Missouri is very employer-friendly. You will not get good advice by listening to friends, reading blogs like this, or searching Google. You really need to see a lawyer, and not just any lawyer. You need someone who specializes in employement law in YOUR STATE."
--It's Just a Bunch of Stuff That Happens

"...Down towards the end there was a statement regarding 'Non-Compete.' This states that you agree not to work in the industry that you are currently in for 1 year after leaving this company, whether fired or you quit. Well the industry that I am in is fairly specialized and I have been working in this industry for about 10 years now. I can't sign something that will tie my hands like that. All of the sales people, product managers, technical people are refusing to sign this. If we don't apparently we will be fired."
--the hooded lantern

"Feeling antsy about moving out of my current job. I've signed the contract but am unwilling to hand in my resignation letter. It's not because this company is so hard to leave...it's that damned non-compete clause in my contract. Everyone knows it's just a deterrent well in this country who can sue you for seeking a bigger paying job but just the same..."
--churchay26's journal