Do software Dev's have non-compete clauses?
- Thread starter nelg
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Just to clarify are you talking about individuals? (e.g., Nelg of Sony you are barred from working from MS for five years if you leave here) or are you talking about enterprises being barred from committing development resources toward another console...?
Exclusivity deals seem to cover the second whether they are time based or long term.
Exclusivity deals seem to cover the second whether they are time based or long term.
Employees, or I guess "key" employees, at least, can be subject to non-competition clauses, even beyond the term of their contract. I remember Richard Garriot having to wait a number of months before announcing his next venture, because of a non-competition clause with his previous employeer that forbade him from working, basically, for several months (I think it was EA?). Maybe he was waiting out his contract, or maybe it was a clause that extended beyond its term, I'm not sure..
I seriously doubt this. It would be close to job-suicide. Especially in this industry where companies fold unexpectedly, and software jobs are so similar.
However, I can see a senior architect in Sony or MS signing a non-compete clause with added incentive for if they leave the company.
Speng.
However, I can see a senior architect in Sony or MS signing a non-compete clause with added incentive for if they leave the company.
Speng.
I can't answer if they do or not, but it does depend on the state (in the US) of employment.
In some states they are not legally binding at all. In think California has pretty specific laws and regulations on how enforcable they are. Whereas in Texas, there are a few laws (don't hold me to this one).
Noncompete laws generally have to be very specific in limiting who you can't work for, when, and where. Usually, there's a geographical limit and a short time frame. Also, generally, if you get laid off, they are void. Fired is another story. But that depends on a state.
I don't think any non compete contract could be enforcable across state lines and not all across international boundries. MS really couldn't stop anyone from leaving to work for Sony and vice versa. Especially if said employee worked for MS in Redmond and then went to work for Sony in California or in Japan. There are plenty of ways around that.
MS could definitely sue in court, but it would be interesting to see how it played out.
In some states they are not legally binding at all. In think California has pretty specific laws and regulations on how enforcable they are. Whereas in Texas, there are a few laws (don't hold me to this one).
Noncompete laws generally have to be very specific in limiting who you can't work for, when, and where. Usually, there's a geographical limit and a short time frame. Also, generally, if you get laid off, they are void. Fired is another story. But that depends on a state.
I don't think any non compete contract could be enforcable across state lines and not all across international boundries. MS really couldn't stop anyone from leaving to work for Sony and vice versa. Especially if said employee worked for MS in Redmond and then went to work for Sony in California or in Japan. There are plenty of ways around that.
MS could definitely sue in court, but it would be interesting to see how it played out.
I'm sure he had one. Generally there's a standard 1-year non-compete with most software jobs. Either he worked on something else for a year, or MS didn't bother to go after him.blakjedi said:Too bad MS didnt do that with their Xbox Live designer who left and went to Sony to help them design their online service...
Again MS makes some apparently dumb decisions.
Right--I can't speak for the video game industry. But the Xbox Live manager who went to Sony hired into Microsoft. Speaking for myself, I've yet to work anywhere that didn't require a non-compete and I presumed Microsoft had similar standard contracts but I could be wrong.ERP said:
I've never had to sign such a thing myself, but I know a few who have. I don't think it's currently as common in the games side of things compared to other industries, and as already mentioned it would tend to be more senior staff that get bound by such things.
There's also the question over whether these contracts are even legal in some parts of the world. If I had to sign one (and I suspect I probably would sign one if I really wanted a job) and then got a better offer sometime down the line, I'd probably have a go at challenging it, rather than putting up with it.
There's also the question over whether these contracts are even legal in some parts of the world. If I had to sign one (and I suspect I probably would sign one if I really wanted a job) and then got a better offer sometime down the line, I'd probably have a go at challenging it, rather than putting up with it.
