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Job offer won't budge on IP clauses? Am I being unreasonable?

3 points by taking_counsel ↗ HN
After a very lengthy interview process with a big company, I revived a job offer. I've been on a shortish sabbatical and working on several side projects. The contract has IP clauses. Naturally, I asked for an IP background form so my projects could be excluded from the agreement. I received the following (paraphrased) response:

If the projects are "truly independent", then there is no need for such a form. And if it isn't, then they are not willing to wavier anything.

The problem is that my projects involve programming and data science (in some niche AI corners). The job is a data science/programming job. Clearly, there is overlap - hence I wanted to be upfront and get said projects excluded. For clarity were didn't even get a chance to discuss projects, simply asking for the IP background form garnered the above response.

Am I being unreasonable here? This should have been very straight forward. I'm not sure how to follow this up. The statement is vague, as is "truly independent" is obviously open to interpretation. Has anyone dealt with this before? I'm not sure whether to:

i) push back and explain the situation again. Perhaps I haven't been clear enough, and this is a miss communication? Or they are simply parting me off, naively assume that this is my first rodeo? ii) have a lawyer review the contract - this is costly, and I have had previous contracts reviewed before; the language is nigh on identical to contracts I've had beforehand. "in the course of your employment," etc. It is sufficiently vague enough that I felt having an IP background form would the most prudent approach. ii) walkway. I have plenty of savings and have had numerous job offers during my sabbatical. But I am worried about being unemployable at some point.

These projects may amount to nothing, I have started monetising them. What would you do? Am I unreasonable? Am I silly walking away from a job in this economy?

2 comments

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elmerfud
You're not being unreasonable. This is a very standard form to ensure that your hobby projects that you engaged in prior to working for a company and will continue to work on while you're at the company are disclosed, known and will not be confused as work-related.

Personally I would withdrawal myself from that company if I was given a response like that. That's not the kind of company culture I want to work at. Good employers realize that jobs and hobbies can intersect. We tell people do what you love but this company seems to be positioning it so they can seize prior work or make it difficult for to to prove it was prior work.

Unless this is somehow your dream job or a niche that has very few openings, walk away. I don't know where you're at but in general the IT job market is pretty healthy right now.