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Noncompete for item that was not in the original job description
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When starting at a company last month, I signed a noncompete agreement. Of course, I had no intention of stealing their ideas for house flipping. The job entailed being a cold caller for sales and using a 3rd party software they were subscribed to (they do not own that software they just pay monthly for it).
The noncompete did not specify clearly what it covered, just that I can't compete in "the same industry". Of course, in signing a noncompete with what I could only know as a house flipping company for a sales job, I signed expecting that I cannot create any similar house flipping company by taking their house flipping ideas. Fair enough. The reason they included it is because a previous employee had copied their business model and they had just finished a lawsuit with him.
Here is the problem. Last week I heard that they were thinking about creating a new software that is better than the one they were currently subscribed to. I had already had a similar idea. So, I discussed with them about maybe me being taken on as a partner in creating it. Nothing at all was signed and there were no hard agreements, just two verbal discussions about it. I gave them some ideas that I had due to my experience as a developer. The company was shifting business models so I wanted to secure a place with the company using my expertise and other experience besides sales.
My background is actually many years as a web developer running my own web design and software company. I have considered for a long time about creating a new software, and have actually dabbled in creating some.
The problem occurred when they started to tell me two things. First, that they had been planning creating a software for months (I had only been there 1 month and knew nothing about this). They then told me that my ideas, which during our first conversation was very clear to me was new information, was really something they were already planning. Luckily I did not give them a copy of the quick proposal I had put together, but the damage was done.
They stole my idea - that is, said that they already were going to do it which is a lie because the first conversation they said wow that's a great idea, that is, my idea which expanded on their idea to just make an in-house software to maximize their efficiency, as well as my projected earnings, and other information I told them about in confidence, but didn't think they would even entertain me as a candidate if I asked them to sign an NDA first so there was no NDA either.
Anyway, this then turned into an argument because then they effectively told me that my entire proposition was already their idea and that I could come on as a partner but basically have to work for free (they offered minimum wage, which is absurd) and only have 33% equity on my idea. Of course I thought this is ridiculous, my proposal had said I wanted 90% equity and a fair salary if I was going to do all the work on the project as well as using my own team, all they were doing was funding it. This then turned into a heated argument in which they promptly terminated me from employment because I wouldn't be bullied into giving my idea away for basically nothing and building the whole thing for them basically for free minus a minimum wage.
Effectively, they stole the ideas that I gave them that made the software actually a marketable business idea rather than just internal use, and now want to make the software themselves including my ideas.
But worse, they tried to tell me that I cannot create this software because I signed a noncompete. They told me they talked with their lawyers who said it was covered. I call bullsh*t. So now they are trying to lock me out of my own business which I already ran for over a decade before joing them a month ago, a software idea that has nothing to do with the job that I signed up for when I signed that noncompete, with the sole exception that the 3rd party software that they were using is similar.
What do you think? Can a noncompete take full ownership of a completely different industry just because I was working at that company and they happened to have a similar idea that we talked about while I was working there?
Would like to hear your thoughts. Thank you.
employer employment-agreement non-disclosure-agreement
asked 4 mins ago
user2966384
1
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user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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up vote
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down vote
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When starting at a company last month, I signed a noncompete agreement. Of course, I had no intention of stealing their ideas for house flipping. The job entailed being a cold caller for sales and using a 3rd party software they were subscribed to (they do not own that software they just pay monthly for it).
The noncompete did not specify clearly what it covered, just that I can't compete in "the same industry". Of course, in signing a noncompete with what I could only know as a house flipping company for a sales job, I signed expecting that I cannot create any similar house flipping company by taking their house flipping ideas. Fair enough. The reason they included it is because a previous employee had copied their business model and they had just finished a lawsuit with him.
Here is the problem. Last week I heard that they were thinking about creating a new software that is better than the one they were currently subscribed to. I had already had a similar idea. So, I discussed with them about maybe me being taken on as a partner in creating it. Nothing at all was signed and there were no hard agreements, just two verbal discussions about it. I gave them some ideas that I had due to my experience as a developer. The company was shifting business models so I wanted to secure a place with the company using my expertise and other experience besides sales.
My background is actually many years as a web developer running my own web design and software company. I have considered for a long time about creating a new software, and have actually dabbled in creating some.
The problem occurred when they started to tell me two things. First, that they had been planning creating a software for months (I had only been there 1 month and knew nothing about this). They then told me that my ideas, which during our first conversation was very clear to me was new information, was really something they were already planning. Luckily I did not give them a copy of the quick proposal I had put together, but the damage was done.
They stole my idea - that is, said that they already were going to do it which is a lie because the first conversation they said wow that's a great idea, that is, my idea which expanded on their idea to just make an in-house software to maximize their efficiency, as well as my projected earnings, and other information I told them about in confidence, but didn't think they would even entertain me as a candidate if I asked them to sign an NDA first so there was no NDA either.
Anyway, this then turned into an argument because then they effectively told me that my entire proposition was already their idea and that I could come on as a partner but basically have to work for free (they offered minimum wage, which is absurd) and only have 33% equity on my idea. Of course I thought this is ridiculous, my proposal had said I wanted 90% equity and a fair salary if I was going to do all the work on the project as well as using my own team, all they were doing was funding it. This then turned into a heated argument in which they promptly terminated me from employment because I wouldn't be bullied into giving my idea away for basically nothing and building the whole thing for them basically for free minus a minimum wage.
Effectively, they stole the ideas that I gave them that made the software actually a marketable business idea rather than just internal use, and now want to make the software themselves including my ideas.
But worse, they tried to tell me that I cannot create this software because I signed a noncompete. They told me they talked with their lawyers who said it was covered. I call bullsh*t. So now they are trying to lock me out of my own business which I already ran for over a decade before joing them a month ago, a software idea that has nothing to do with the job that I signed up for when I signed that noncompete, with the sole exception that the 3rd party software that they were using is similar.
What do you think? Can a noncompete take full ownership of a completely different industry just because I was working at that company and they happened to have a similar idea that we talked about while I was working there?
Would like to hear your thoughts. Thank you.
employer employment-agreement non-disclosure-agreement
asked 4 mins ago
user2966384
1
New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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Thought: you need a lawyer.
– Philip Kendall
33 secs ago
add a comment |Â
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up vote
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down vote
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When starting at a company last month, I signed a noncompete agreement. Of course, I had no intention of stealing their ideas for house flipping. The job entailed being a cold caller for sales and using a 3rd party software they were subscribed to (they do not own that software they just pay monthly for it).
The noncompete did not specify clearly what it covered, just that I can't compete in "the same industry". Of course, in signing a noncompete with what I could only know as a house flipping company for a sales job, I signed expecting that I cannot create any similar house flipping company by taking their house flipping ideas. Fair enough. The reason they included it is because a previous employee had copied their business model and they had just finished a lawsuit with him.
Here is the problem. Last week I heard that they were thinking about creating a new software that is better than the one they were currently subscribed to. I had already had a similar idea. So, I discussed with them about maybe me being taken on as a partner in creating it. Nothing at all was signed and there were no hard agreements, just two verbal discussions about it. I gave them some ideas that I had due to my experience as a developer. The company was shifting business models so I wanted to secure a place with the company using my expertise and other experience besides sales.
My background is actually many years as a web developer running my own web design and software company. I have considered for a long time about creating a new software, and have actually dabbled in creating some.
The problem occurred when they started to tell me two things. First, that they had been planning creating a software for months (I had only been there 1 month and knew nothing about this). They then told me that my ideas, which during our first conversation was very clear to me was new information, was really something they were already planning. Luckily I did not give them a copy of the quick proposal I had put together, but the damage was done.
They stole my idea - that is, said that they already were going to do it which is a lie because the first conversation they said wow that's a great idea, that is, my idea which expanded on their idea to just make an in-house software to maximize their efficiency, as well as my projected earnings, and other information I told them about in confidence, but didn't think they would even entertain me as a candidate if I asked them to sign an NDA first so there was no NDA either.
Anyway, this then turned into an argument because then they effectively told me that my entire proposition was already their idea and that I could come on as a partner but basically have to work for free (they offered minimum wage, which is absurd) and only have 33% equity on my idea. Of course I thought this is ridiculous, my proposal had said I wanted 90% equity and a fair salary if I was going to do all the work on the project as well as using my own team, all they were doing was funding it. This then turned into a heated argument in which they promptly terminated me from employment because I wouldn't be bullied into giving my idea away for basically nothing and building the whole thing for them basically for free minus a minimum wage.
Effectively, they stole the ideas that I gave them that made the software actually a marketable business idea rather than just internal use, and now want to make the software themselves including my ideas.
But worse, they tried to tell me that I cannot create this software because I signed a noncompete. They told me they talked with their lawyers who said it was covered. I call bullsh*t. So now they are trying to lock me out of my own business which I already ran for over a decade before joing them a month ago, a software idea that has nothing to do with the job that I signed up for when I signed that noncompete, with the sole exception that the 3rd party software that they were using is similar.
What do you think? Can a noncompete take full ownership of a completely different industry just because I was working at that company and they happened to have a similar idea that we talked about while I was working there?
Would like to hear your thoughts. Thank you.
employer employment-agreement non-disclosure-agreement
asked 4 mins ago
user2966384
1
New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
When starting at a company last month, I signed a noncompete agreement. Of course, I had no intention of stealing their ideas for house flipping. The job entailed being a cold caller for sales and using a 3rd party software they were subscribed to (they do not own that software they just pay monthly for it).
The noncompete did not specify clearly what it covered, just that I can't compete in "the same industry". Of course, in signing a noncompete with what I could only know as a house flipping company for a sales job, I signed expecting that I cannot create any similar house flipping company by taking their house flipping ideas. Fair enough. The reason they included it is because a previous employee had copied their business model and they had just finished a lawsuit with him.
Here is the problem. Last week I heard that they were thinking about creating a new software that is better than the one they were currently subscribed to. I had already had a similar idea. So, I discussed with them about maybe me being taken on as a partner in creating it. Nothing at all was signed and there were no hard agreements, just two verbal discussions about it. I gave them some ideas that I had due to my experience as a developer. The company was shifting business models so I wanted to secure a place with the company using my expertise and other experience besides sales.
My background is actually many years as a web developer running my own web design and software company. I have considered for a long time about creating a new software, and have actually dabbled in creating some.
The problem occurred when they started to tell me two things. First, that they had been planning creating a software for months (I had only been there 1 month and knew nothing about this). They then told me that my ideas, which during our first conversation was very clear to me was new information, was really something they were already planning. Luckily I did not give them a copy of the quick proposal I had put together, but the damage was done.
They stole my idea - that is, said that they already were going to do it which is a lie because the first conversation they said wow that's a great idea, that is, my idea which expanded on their idea to just make an in-house software to maximize their efficiency, as well as my projected earnings, and other information I told them about in confidence, but didn't think they would even entertain me as a candidate if I asked them to sign an NDA first so there was no NDA either.
Anyway, this then turned into an argument because then they effectively told me that my entire proposition was already their idea and that I could come on as a partner but basically have to work for free (they offered minimum wage, which is absurd) and only have 33% equity on my idea. Of course I thought this is ridiculous, my proposal had said I wanted 90% equity and a fair salary if I was going to do all the work on the project as well as using my own team, all they were doing was funding it. This then turned into a heated argument in which they promptly terminated me from employment because I wouldn't be bullied into giving my idea away for basically nothing and building the whole thing for them basically for free minus a minimum wage.
Effectively, they stole the ideas that I gave them that made the software actually a marketable business idea rather than just internal use, and now want to make the software themselves including my ideas.
But worse, they tried to tell me that I cannot create this software because I signed a noncompete. They told me they talked with their lawyers who said it was covered. I call bullsh*t. So now they are trying to lock me out of my own business which I already ran for over a decade before joing them a month ago, a software idea that has nothing to do with the job that I signed up for when I signed that noncompete, with the sole exception that the 3rd party software that they were using is similar.
What do you think? Can a noncompete take full ownership of a completely different industry just because I was working at that company and they happened to have a similar idea that we talked about while I was working there?
Would like to hear your thoughts. Thank you.
employer employment-agreement non-disclosure-agreement
employer employment-agreement non-disclosure-agreement
asked 4 mins ago
user2966384
1
New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 4 mins ago
user2966384
1
New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 25 secs ago
asked 4 mins ago
user2966384
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New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 4 mins ago
user2966384
1
asked 4 mins ago
user2966384
1
1
New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
user2966384 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Thought: you need a lawyer.
– Philip Kendall
33 secs ago
add a comment |Â
Thought: you need a lawyer.
– Philip Kendall
33 secs ago
Thought: you need a lawyer.
– Philip Kendall
33 secs ago
Thought: you need a lawyer.
– Philip Kendall
33 secs ago
add a comment |Â
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Thought: you need a lawyer.
– Philip Kendall
33 secs ago