Ask HN: Attention and Effort clause in employment contract

1 points by anuj_nm 9 years ago | 2 comments

Hi HN,

I've recently received an offer from a large, well-known technology company. I'm pretty excited about it, but there's one clause in my NDA contract and offer letter that concerns me:

ATTENTION AND EFFORT. During employment, Employee will devote Employee’s entire productive time, ability, attention, and effort to furthering [company]’s best interests and will not (without [company]’s prior written consent) carry on any separate professional or other gainful employment, including self- employment and contract work.

I think this clause is too broad. In an ideal scenario, I'd have the freedom to create technical projects in my spare time that could either make me a small passive income, or grow into something that I could work on full time. It sounds like this clause would prevent me from working on such things.

Is this something that's pretty standard in the industry, and do you think I can negotiate this out of my contract?

mswen 9 years ago |

In theory anything contained in an employment contract is negotiable. And, they have already signaled that this negotiable by including the clause

> and will not (without [company]’s prior written consent) carry on

One question is whether this is just wording to reassure people like you at the time of hire that it is indeed possible or whether that permission is granted fairly routinely. And, even when granted what is the cultural spin? Is branching out on your own after hours celebrated as proof of ambition and creativity? Or is that kind of after hours initiative viewed as disloyalty?

I think in some ways understanding the company culture and practice is more important that formal negotiations at this point. Because even if you get the wording changed or struck out of the contract you still might be viewed negatively even if you have the legal right to proceed.

anuj_nm 9 years ago | |

I hadn't thought of it that way, thanks for bringing it up. Yes, I'll have to ask to see how its viewed culturally.