Comment by arp242
5 years ago
Unless there was an NDA or some such (and since this isn't mentioned anywhere in the emails or post, I assume there's not) you can hardly sue someone for re-using knowledge they acquired during their job. How are you even supposed to know what the supposed super-magic super-secret sauce is if you never agreed to an NDA?
If that was the case almost everyone with a GitHub project could be sued to infinity, because almost everyone learns tons of things every day while working.
It is extremely unlikely that there was no NDA. I've literally only ever had one job that didn't make me sign an NDA, and the company had a whopping <10 employees.
That part kind of surprised me: I figured pretty much every job (even internships) makes you sign some sort of noncompete agreement these days.
Repl.it is based in California where noncompetes are especially difficult to enforce.
https://www.callahan-law.com/are-non-competes-enforceable-in...
Specifically California Business and Professions Code Section 16600,
“every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”
In addition such issues must by law be decided in California courts and if they forced the issue into court and lost they would be liable for the cost of his defense.
Even outside of California there are limits to what you can enforce. Judges aren't liable to find that an infinite duration noncompete reasonable.
Another example in Washington State its now impossible to obtain noncompetes for anyone paid less than a rate of 100k per annum as an employee or 250k per annum as a contractor and they are limited to 18 months duration.
If you improperly assert a noncompete you are liable for 5000 or actual damages whichever is greater.
They are probably not asserting a noncompete because it is functionally impossible for them to do so. They would have to assert that he was making use of trade secrets or that in some nebulous way his design belonged to them. eg trade dress
https://www.findlaw.com/smallbusiness/intellectual-property/...
The answer is you need a lawsuit to decide but probably not.
I don't live anywhere near California (Québec), but it's kinda the same idea here (from what I've heard). Basically employees have the right to make a living and the onus is on the employer to prove an injury occured directly due to an (ex)employee's actions.
Still didn't stop everyone I've ever worked for from making me sign them, enforceable or not. I guess it's different elsewhere.
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I fail to see how "you can't copy our product" is the same as "restrain[ing] from engaging in a lawful profession, trade, or business of any kind".
(That also says nothing about whether such a contract has or has not been signed by the relevant parties.)
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They are probably making hand wavey threats because in actuality they have nothing.
There are usually trade secret clauses with lots of potential for abuse.