Non-Disclosure Agreement Non-Compete Assignment of Inventions

Everytime I read one of these, I’m overcome with revolt, disgust, or even nausea. “Mere formalities,” a company might assert – the last steps between you and the job. “If you want, you’re welcome to have your own attornies review them.” Not that they would necessarily wait; after all, there are plenty of folks who really do believe that it’s just a formality… and frankly, for those people, it probably is.

The ordinary employee is not a competitive threat. The ordinary employee is not terribly innovative or inventive. The ordinary employee is not working on projects – commercial or otherwise – outside of business hours. The ordinary employee isn’t well-connected in the industry with friends in different companies or agencies.

Moreover, the ordinary employee probably hasn’t their personal work stolen, or proposed innovative or inventive work and had it quashed. The ordinary employee probably hasn’t had a lead corporate attorney for a huge, multi-national defense-intelligence contractor summon him or her to the office to be read the riot act when their new, one-man company might be viewed as a competitor. (Ask me about that one over a coffee someday.)

Hell, the ordinary new hire probably isn’t in his 50’s and thinking about what a broadly applied 18-month non-compete would mean to his family if the new job didn’t work out either.

Terms like “Right to Work” have challenged the broad reach of some of these agreements. In response, companies will now include language that you have considered the consequences and have determined that such restrictions will not prevent you from earning a living for yourself and your family.

“Choice” really is an illusion in some cases.