California labor code explicitly contains exceptions to the work you do, which basically says that any work you do on your own equipment, during your own time, that is not related to the work you do during the day[0], cannot be usurped by the company using those broad, awful IP clauses. Anyway, this California labor code exception is why Silicon Valley exists in California and nowhere else.
[0] And often, I'm told, companies have the upper hand here, because they can often show that almost anything is related to their particular activities.
I have it too. It would have been impossible to change, I was given a template contract and I do have side projects outside of my work. On the day I leave the job because my side project is making enough money, I would not be very nervous about it. How would they know?
I also have something like "should not work in similar area within The UK". Again, how would they know? This conflicts with data protection act, therefore invalid.
Wouldn't they be able to find that out from LinkedIn or social, for perhaps the majority of tech people? Not saying that you use social media, but it's possible they find out.
I think if you've got any sense then you'd leave your LinkedIn profile unchanged until the exclusion period in your contract runs out. The "non-compete" clauses in mine have always been around 2-6 months, they were never enforced. I binned LinkedIn so it's not a problem for previous employers to spy on me, and my social media content never mentions anything about work things.
For other social media then just keep your nose clean and stick to posting content and discussing stuff that doesn't mention work.
But that said unless you stole your previous employer's crown jewels (customer lists, source code, IP etc) then these clauses would get thrown out if you were taken to court. Imagine a Volkswagen car dealership trying to limit, contractually, the employment opportunities of their mechanics or sales people from moving down the road to the Ford dealership for better hours/pay/commission. They'd be laughed out of the court room I think.
In almost every case you're correct. If its a hobby project, or it allows you to make a normal living you're likely to be fine. The danger comes when you end up founding the next facebook and there is some real money involved. Then you might have the Winklevii suing you based on the clause in the contract.
They could get expert testimony about the amount of time it took to create, find old stack exchange questions let alone get court ordered access to git etc. They may not end up winning, but you could settle just to avoid the cost.
On the other hand, this definitely counts as "nice problem to have" and probably isn't worth actually worrying about.
A acquaintance once worked for two different companies for several years as watchman. He was fired on the spot when they found out. How did they notice?
