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jotamontecino
5y

So last time, when HR asked for a meeting I thought they knew who'll be leaving with me. But there is only rumors saying "CTO is poaching inside his team".

And I also learned from the a paralegal, who talk too much, that they just want to fuck with me.

So new course of action: how can I fuck with them? All week end thinking about it. And today, a big competitor, offered me the VP Engineering!!!

So I'll try to make them use their Non-Competition clause.

In France you can set a couple of main competitors and the employee can't work for them for a couple of years. And you have to pay the employee the full salary he could earn during that time (two years of salary). As the employee, you have to disclose this information (you want to sign with the competitor) with your current company and they have a couple of week to decide if they want to use the clause.

So I'm starting to see how I can scare them enough to make them use this clause.

I know it's not cool, but I enjoy so much fucking with them!!!

rant

grant

middle company

apres moi le deluge
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  • 4
    5y
    Well it IS cool. If they want this clause, they have to fucking pay for it.
  • 4
    5y
    "And you have to pay the employee the full salary he could earn during that time (two years of salary)."

    Whaatt?! That's incredible! So you can get 2 years full salary for doing nothing?!
  • 3
    5y
    @AlmondSauce yes. Its part if the same laws that allow the company to legally block you from going to a competitor.

    If there are no such laws, the company has only one option, trying to offer more for you to stay, with this law they get a respite during which you cannot use your experience to do direct competition but at the cost of paying a minimum salary during the quarantine.
  • 1
    5y
    @Voxera We have non-compete clauses in the UK as well, but they just usually say "if you sign this contract and work here beyond your probation, you can't work for a direct competitor for 6 months". No get-out clause, just (technically speaking at least, often not enforced in practice) legally prevents the employee from working for a direct competitor elsewhere.

    Unless of course a similar thing *does* exist in the UK, and I've never come across it.
  • 1
    5y
    @AlmondSauce it's in European laws, so the UK for now.
  • 1
    5y
    The cool part, it's a non-competition clause. So you can still work somewhere else!!
  • 1
    5y
    @jotamontecino Heh, cool stuff. Never heard of it!
  • 2
    5y
    @AlmondSauce well, its a clause, not a law, that mean it can be negotiable on signing the contract, its all depending on how bad the company wants you.

    If its bad enough you could probably require a guaranteed salary during the quarantine period, especially if the company contacted you, not the other way around :)

    Also, as its a clause, not law, the company would have to go to court to enforce it.

    And there can be laws preventing such clauses all together.

    So if its a profession where there is fierce competition for personnel its more likely you can get a deal with compensation, also, if its in an area where courts are likely to side with the employee they are also more likely to offer compensation to preempt that.

    But if you already signed the contract it might be to late to renegotiate.
  • 1
    5y
    @Voxera Oh totally get that - there's no way I'd try to negotiate it now, and I probably wouldn't necessarily in the future either unless there was a clear reason to - but it's an interesting thing to know in any case!
  • 0
    5y
    @AlmondSauce also being in a contract doesn't mean being legal.
    You can put whatever you want in a clause. But to enforce it, it needs to be legal
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