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43 points nradov | 2 comments | | HN request time: 0.493s | source
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softwaredoug ◴[] No.44468830[source]
If the guy is good at the job, why does it matter? Maybe we should think of him more like a folk hero than a criminal.
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1. mrtksn ◴[] No.44469149[source]
An employee on salary is different from a consultant on hourly rate. Essentially, the employee is an ally whom all the intellectual output is retained and will be paid in full regardless of their performance.

By all accounts Parekh did not fulfill his obligation, apparently he is a very good engineer, but he did not give his time to the companies he was hired by. He was constantly calling sick, fail to finish his tasks up until got fired. Since he was a salaried employee, he still received the paycheck despite his abysmal performance.

That said, he definitely became a folk hero :) He is a charming person who pulled a fascinating stunt.

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2. TZubiri ◴[] No.44469245[source]
Joel Spolsky explained this to me in

https://www.joelonsoftware.com/2016/12/09/developers-side-pr...

>>Your game designer works for a year and invents 7 games. At the end of the year, she sues you, claiming that she owns 4 of them, because those particular games were invented between 5pm and 9am, when she wasn’t on duty. >>Ooops. That’s not what you meant. You wanted to pay her for all the games that she invents, and you recognize that the actual process of invention for which you are paying her may happen at any time… on weekdays, weekends, in the office, in the cubicle, at home, in the shower, climbing a mountain on vacation.

Also

>>Being an employee of a high tech company whose product is intellectual means that you have decided that you want to sell your intellectual output.

So the case of an Overemployed engineer who signs an exclusivity deal and works 8 hours at one job and then 8 hours at another job, is still breach of contract, the employee is not well rested, the focus is literally split in half, and there's also concerns of mixing and polluting IP claims.

What's more, the Soham Parekh case is an even clearer case of breach and even fraud, it's not like the dude was fulfilling or apparently fulfilling his obligations, he never worked, first week he took the week off and lied about why, just 0 output but still trying to get that first paycheck.

There is a subtler discussion on OverEmployment, but this is not it, we should all agree that this is fraud.