Did you sign Google's noncompete? Good, you're fired - Valleywag Comments

Did you sign Google's noncompete? Good, you're fired

copious28 — Mon, 21 Apr 2008 13:46:37 PDT

yeah, non-competes are hardly enforceable. I am sure the intention was not to keep them from finding a job in their industry. f'em...I would get another job anyway. Go to work for Microsquish!

copious28

Did you sign Google's noncompete? Good, you're fired

designBstudios — Tue, 15 Apr 2008 07:46:04 PDT

Unfortunately, those who were employed by Google are tech geeks and typically boy scout types that actually believe a non-compete means you have to stay out of the industry for a year or believe a non-compete can be enforced. Google will not take someone to court for seeking/accepting a position at a competing company UNLESS they were on a bid/proposal and hop to a competitor who is also bidding on the same job/contract. No court/jury is going to take away your livelihood if for example, you are degreed in the field you work in, are laid off, and find another position. Again, only if there is malice on your part to somehow hurt the original employer. Brian Reynolds, www.designbstudios.com

designBstudios

Did you sign Google's noncompete? Good, you're fired

tengallonhero — Mon, 14 Apr 2008 15:01:47 PDT

That's my google.

tengallonhero

Did you sign Google's noncompete? Good, you're fired

the_gdude — Fri, 11 Apr 2008 14:41:20 PDT

bwahahahahahahaha

the_gdude

Did you sign Google's noncompete? Good, you're fired

yawnster — Fri, 11 Apr 2008 10:44:39 PDT

maybe those are the same ppl that signed the uber bad subprime loans as well and then blame that they were swindled..

they'll sign anything that you give em without understanding it..

if you dont understand what is in the paper.. why on earth would you sign it.

yawnster

Did you sign Google's noncompete? Good, you're fired

lxny — Fri, 11 Apr 2008 07:41:42 PDT

Never sign anything until you have an attorney go over it for you!

Having had previous experience in signing such non-competes in job contracts, you can rightfully request for full pay during the period they ask to not work for a competitor. Especially if the terms are so broad that you can't leave for... let's say... Microsoft.

So, if it is a 1 year non-compete, then you can fairly ask for 1 year full pay (whether you quit or get fired). Companies who are serious, will pay. Those that aren't, will simply remove the non-compete clause.

Corporate lawyers typically put these clauses in their contracts by default. For those who are saavy enough, they typically remove/modify the terms upon request. Otherwise, they con the rest of the sheeple.

lxny

Did you sign Google's noncompete? Good, you're fired

mtalinm — Fri, 11 Apr 2008 07:14:18 PDT

I would not be too quick to claim that this noncompete is meaningless, especially if a number of DoubleClick employees are in NY.

Note that the agreement says nothing about being abrogated in the case of involuntary termination (in fact, explicitly states the opposite). While I suspect a judge would not look upon this favorably if the employees were let go one week after the acquisition, I am told my multiple employment lawyers that most noncompete situations never get to court. What's more impactful is the "chilling effect" of non-litigated agreements on people who, due to fear or unsurety or lack of funds to hire a lawyer decide to honor the agreement.

In particular, I can imagine DC employees being a bit wary of joining a small company that could be tied up by Google's lawyers for some time.

This is particularly surprising given that Google claims not to require noncompetes of employees in its Cambridge, MA office. However, it is currently legal to ask or even require such agreements.

mtalinm

Did you sign Google's noncompete? Good, you're fired

lxny — Fri, 11 Apr 2008 06:24:04 PDT

FYI... having had experience with such non-competes in my dealings with job contracts, if they ask you to refrain from working with the competition for 1 year, you can rightfully request for getting paid during that period.

When in doubt, ALWAYS consult a lawyer before signing a contract. ALWAYS.

lxny

Did you sign Google's noncompete? Good, you're fired

ray_schaefer — Thu, 10 Apr 2008 23:49:46 PDT

Non-competes, no.

Non-solicits on the other hand ... very enforceable.

So anyone thinking of spiting DCLK or GOOG to go off and do their own thing - you're going to have to do it without your former colleagues, at least for a year.

ray_schaefer

Did you sign Google's noncompete? Good, you're fired

technobee — Thu, 10 Apr 2008 23:24:23 PDT

And Google says... [answers.google.com]

technobee

Did you sign Google's noncompete? Good, you're fired

OnYourEnemiesList — Thu, 10 Apr 2008 21:26:44 PDT

@Hyloka: thank god someone finally pointed that out, doubleclick has a small office in SF a small one in chicago and the main office in new york. My guess is that the only people who would complain are those who got fired and the previous article stated those who signed got an extra 2 months severance so its really a non issue.

OnYourEnemiesList

Did you sign Google's noncompete? Good, you're fired

logjam — Thu, 10 Apr 2008 21:23:54 PDT

Not unenforceable in Oregon -- where Google has a large operation (The Dalles) -- UNLESS you are given specific compensation for your non-compete. I've been through the drill several times -- my attorney just laughs. He advised me to call the company's attorney and ask lots of questions to run up their legal bills. Unless they wrote you a check for non-compete, in Oregon they can't keep you from earning a living in your trade.

logjam

Did you sign Google's noncompete? Good, you're fired

Hyloka — Thu, 10 Apr 2008 20:39:37 PDT

Not enforcable in CA, but probably enforcable elsewhere, like say NY.

Doubleclick employees were probably largely based in NY.

I'm sure most major companies include non-compete clauses in all of their NDAs with all employees but those in their CA offices. I wouldn't be surprised if this was in every Google employee's NDA outside of CA. Consideration would be whatever salary/stock, etc. that was the negotiated salary at the time that the person was hired.

Hyloka

Did you sign Google's noncompete? Good, you're fired

Fanning — Thu, 10 Apr 2008 20:29:50 PDT

Ok, everyone agrees they are not enforceable. How about everyone who signed it sues google for negotiating in bad faith and employment fraud.

Fanning

Did you sign Google's noncompete? Good, you're fired

geofffox — Thu, 10 Apr 2008 19:55:57 PDT

This is something I know a little bit about. Non-competes are unenforceable in California.

Pardon me for taking the easy way out, but from Wikipedia: Unlike the situation in other states, non-compete agreements are illegal in California and against public policy. (California Business and Professions Code Section 16600).

It saved me from finding the actual citation, which is the same.

geofffox

Did you sign Google's noncompete? Good, you're fired

bgwewriter — Thu, 10 Apr 2008 19:40:55 PDT

"Google shows its hand as evil overload in training after months, even year, of pretending to be beneficent."

bgwewriter

Did you sign Google's noncompete? Good, you're fired

MarkTheMarketWatcher — Thu, 10 Apr 2008 19:16:43 PDT

Please let Google try to enforce this.

We'll have a class action filed on behalf of all terminated employees so quick heads will spin.

Maybe we should file a declaratory action to invalidate these suckers immediately? Is the guy who sent you a tip interested in suing?

MarkTheMarketWatcher

Did you sign Google's noncompete? Good, you're fired

theglue — Thu, 10 Apr 2008 19:08:10 PDT

an additional protection in california is to have the non-compete invalidated in court before the company has a chance to enforce, even though it may not be enforceable in the end....

theglue

Did you sign Google's noncompete? Good, you're fired

Jordan Lund — Thu, 10 Apr 2008 18:52:23 PDT

Non-competes are designed to keep employees from quitting and taking their secrets with them.

Every non-compete I've signed has been null and void if I'm terminated rather than if I quit. I'd expect this to work the same way.

Jordan Lund

Did you sign Google's noncompete? Good, you're fired

CyndyA — Thu, 10 Apr 2008 18:41:23 PDT

They really are bound and determined to really OWN that "new Microsoft" title, aren't they?

CyndyA

Did you sign Google's noncompete? Good, you're fired

jamon — Thu, 10 Apr 2008 18:34:14 PDT

In California (in most cases), it is more than non-enforceable. Former employees can sue if they try to enforce the illegal agreement.

jamon

Did you sign Google's noncompete? Good, you're fired

SAGA — Thu, 10 Apr 2008 18:26:53 PDT

seems kinda.... evil

SAGA

Did you sign Google's noncompete? Good, you're fired

planet_of_the_snapes — Thu, 10 Apr 2008 18:12:30 PDT

Definitely not enforceable, especially if the non-compete wasn't exchanged for some kind of additional compensation, like a bonus or additional stock or options.

planet_of_the_snapes

Did you sign Google's noncompete? Good, you're fired

BartKela — Thu, 10 Apr 2008 18:08:52 PDT

And when bbucy wrote "haven't for some time", that really means something like 20+ years.

Hell, the whole valley is made up of startups created by people who thought they could do better than their former employers.

Where do you think the founders of Intel Corporation came from? Yamagami's Nursery or Fairchild Semiconductor? One guess.

BartKela

Did you sign Google's noncompete? Good, you're fired

hatebook — Thu, 10 Apr 2008 18:00:26 PDT

Total joke, like google could even actually provide an exhaustive list of competitors.

Not worth the paper or the ink used to create the document.

hatebook

Did you sign Google's noncompete? Good, you're fired

bbucy — Thu, 10 Apr 2008 17:58:12 PDT

California courts do not enforce non-compete agreements and haven't for some time.

bbucy

Did you sign Google's noncompete? Good, you're fired

valleypro — Thu, 10 Apr 2008 17:52:26 PDT

I believe the non-compete was primarily written to avoid competition in Frisbee Golf -- Facebook keeps handing their a** to them. If it applied to the workplace, given Google has people doing 20% in every imaginable area, former DoubleClickers wouldn't be allowed to work whatsoever.

valleypro

Did you sign Google's noncompete? Good, you're fired

mizznike — Thu, 10 Apr 2008 17:25:06 PDT

do evil!!!

mizznike

Did you sign Google's noncompete? Good, you're fired

Outofthemoney — Thu, 10 Apr 2008 17:20:30 PDT

Noncompetes are generally not enforceable in California but they may be permitted in NY under certain circumstances (assuming the employee is in NY and stays in NY; good luck if they move to CA and compete). Nevertheless, Google will have a very hard time enforcing this one since (i) the scope is way too broad ("any employment, business or activity that is competitive with the Company's businesses") and (ii) there does not appear to be any consideration given by Google in exchange for the noncompete. Normally, people sign these when they are hired or in connection with a severance payment. If you are going to screw employees at least have the competence to make sure to do it right; I guess all the hiring they are doing does not include the legal department.

Outofthemoney

Did you sign Google's noncompete? Good, you're fired

Ted Dziuba — Thu, 10 Apr 2008 17:17:07 PDT

What about the noncompete that Kai-Fu Lee had with Microsoft? You know, the one that Google challenged on the basis of personal freedom?

Ted Dziuba

Did you sign Google's noncompete? Good, you're fired

Acererak — Thu, 10 Apr 2008 17:10:17 PDT

Stupid Google/DoubleClickers. Non-compete agreements are, for the most part, non-enforceable in California. Perhaps the laid-off masses should turn to their former employer's search engine to find out for themselves. Or:

[kindsvater.com]

Acererak

Did you sign Google's noncompete? Good, you're fired

rafa3rafa — Thu, 10 Apr 2008 17:08:21 PDT

Very shady move... That's the direction Google is heading.

rafa3rafa

Did you sign Google's noncompete? Good, you're fired

QADude — Thu, 10 Apr 2008 17:00:48 PDT

I really wonder how enforceable this really is, as most of such noncompete agreements aren't.

QADude