Ask HN: How do I retain ownership over an app I developed while employed? | Hacker News Reader

Ask HN: How do I retain ownership over an app I developed while employed?

2 pointsdmix4 comments

As part of my employee contract, they own all inventions developed while I'm employed. I would like to present the boss with a document to be signed to make sure I keep all ownership. How should I go about doing this?

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An employment agreement is often an opening bid in a negotiation, but developers think of it as a "sign or no deal" thing and thereby miss an opportunity to ask for reasonable changes. I've routinely struck out parts of employment agreements that were overly broad (by crossing them out and initialing), and have only once had that even questioned. It also sends a signal that you're paying attention.

I'm in California, and have dealt mostly with startups. YMMV.

I'm in a similar situation where I'm about to start a job that has a broad noncompete. Broad to the point that they even own work I do in my spare time. I don't need the work that bad (I'm currently freelance) so I'm requesting they reword it.

The thing that really kills me about broad noncompetes like this is employers take it from protecting their business to over reaching and stealing their employees work. Personally, the best developers I know are hackers who execute on their own ideas with at least part of their spare time.

I'm perfectly okay with signing the part about not approaching their clients and not using trade secrets for my benefit. But the idea that I should turn over all IP created outside of the 40hr/week I'm being paid for is wrong.

As far as your situation, you may be screwing yourself by taking it to your boss at all. Good luck.

If you live in California, check out the California Labor Code Section 2870 - http://law.onecle.com/california/labor/2870.html

I'm not sure about other states

Where do you live/work? I've heard from several lawyer friends and friends in similar situations that those broad non-compete clauses are effectively invalid in California.

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