Tell HN: Beware confidentiality agreements that act as lifetime non competes

Hacker News Discussion ↗

Enforceability vs. Practical Risk

  • Many commenters say NDAs that effectively bar you from an industry for life are likely unenforceable or “unconscionable” in many jurisdictions (especially if they make it impossible to work in your trade).
  • Even so, employers can still weaponize them: threats, expensive litigation, years‑long limbo, or dragging new employers into discovery create a strong chilling effect.
  • Several people report lawyers advising: “sign, then ignore” obviously overbroad clauses, because courts often won’t enforce them—but note this still assumes you can stomach the risk and stress.
  • Multiple people ask whether there are concrete cases of such NDA‑as‑noncompete theories being upheld; none are clearly cited, so overall precedent is unclear.

Jurisdiction Differences

  • California has broadly banned noncompetes since the 19th century; courts there reportedly take a dim view of “inevitable disclosure” overreach.
  • Other US states vary: Washington now limits duration, income thresholds, and venue; Oregon, New York, and others have recently tightened rules.
  • EU and various countries (Norway, Brazil, China, Portugal, UK, Australia) generally require strict limits: short durations, payment (30–100% of prior salary) during the restricted period, and strong protection for general know‑how vs. trade secrets.
  • In many civil‑law countries, illegal clauses are simply void, but still create hassle and intimidation.

NDA-as-Lifetime-Noncompete Logic

  • Concerned posters describe NDAs that define broad “confidential” knowledge so aggressively that any future work in the field is framed as inevitable disclosure.
  • Others argue this collapses common sense: specific secrets (code, plans, formulas) can be protected, but general skills, methods, and instincts should not be.
  • Several note that if a company truly believes you can never again work in the field without “leaking,” the only fair counterpart would be lifetime compensation.

Negotiating and Legal Help

  • Experiences diverge: some “average” tech workers say they successfully negotiated clauses or added carve‑outs (e.g., for inventions on personal time); others say most workers can’t realistically negotiate and risk rescinded offers.
  • There is debate over how accessible and useful employment lawyers are: some report quick, affordable flat‑fee reviews; others find advice overly conservative or hard to obtain.

Noncompetes, Garden Leave, and Power

  • Garden leave (paid noncompete) is common in finance and the UK: typically a few months, but occasionally much longer in rare, high‑end roles.
  • Several commenters see mandatory pay during the restricted period as a good mechanism to discourage abusive, blanket noncompetes.
  • Others stress growing abuse of noncompetes and NDA templates, including against low‑wage workers globally, as a way to suppress mobility and bargaining power rather than protect real secrets.