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Tell HN: Beware confidentiality agreements that act as lifetime non competes

416 points throwarayes | 1 comments | 21 Jun 25 16:02 UTC | HN request time: 0.559s | source

Just a note of warning from personal experience.

Companies don’t really need non-competes anymore. Some companies take an extremely broad interpretation of IP confidentiality, where they consider doing any work in the industry during your lifetime an inevitable confidentiality violation. They argue it would be impossible for you to work elsewhere in this industry during your entire career without violating confidentiality with the technical and business instincts you bring to that domain. It doesn’t require conscious violation on your part (they argue).

So beware and read your employment agreement carefully.

More here https://www.promarket.org/2024/02/08/confidentiality-agreeme...

And this is the insane legal doctrine behind this

https://en.m.wikipedia.org/wiki/Inevitable_disclosure

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tgsovlerkhgsel ◴[21 Jun 25 19:20 UTC] No.44340047[source]▶
OTOH, beware letting yourself be intimidated by scary looking but unenforcable clauses that are all over contracts. In doubt, spend a bit of money on a lawyer to figure out what your real situation is.

I know of several cases where lawyers said "don't bother arguing with them about clause X, just sign it and ignore it".

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voidfunc ◴[21 Jun 25 20:57 UTC] No.44340685[source]▶
This is pretty much the advice every lawyer has given me in the past. The likelihood of it coming up is very low. Sometimes it's good to not be special.
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1. ghaff ◴[21 Jun 25 21:19 UTC] No.44340806[source]▶
The one time I had to sign a non-compete--because my company was acquired--I just signed it because it was quite specific and I wasn't going to be an exec of a storage company anytime soon. Probably didn't matter much because I left a few months later anyway.