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Comment by ryandrake | Hacker News Reader

Your (and other) replies seem to assume that the startup is something you're already doing on the side, while employed full time doing something else. Is this really that common?? Most, if not all places I've worked assert IP ownership over anything you do while employed, even on your own time. That's 100% what keeps me from moonlighting and/or starting my own thing on nights and weekends, and keeps me from contributing/consulting for friends who want help with their idea. How do you have any confidence that your startup is really yours when you could get sued by a former employer the day you quit to grow it full-time?

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Even if you signed a PIIA, double-check that it's enforceable where you are employed and is as far-reaching as you think it is.

For example, the California Labor Code stipulates that regardless of what an employment contract or PIIA says, an employee owns the copyright and patent rights to his inventions if the invention is made entirely on the employee’s own time, without using any of the company’s equipment or technology, as long as the invention (a) does not relate to the company’s business, or (b) did not result from work performed by the employee “as an employee” of the company. Washington and other states have similar laws that override any contract you might sign with a company.

An attorney in your jurisdiction familiar with this area of law can give you all the answers you need in just a few minutes for a nominal fee.

Your last line is very important. In PA I was able to get a full write-up on the NDA/ IP portion of my contract for $150. If you are planning on making something potentially profitable/ valuable in your spare time, $150 is peanuts for peace-of-mind.

In Europe that is not an issue at all, I've never heard of this happening here, only in the US. I don't understand how it's even possible for employers to have any opinions on or ownership of ehat you do on your spare time.

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