Your boss can be like, "Hey, you can continue working here but you will need to take a 50% paycut." You say, "Uh, no." So, you end up leaving the place.
Were you fired? Yes, that's being fired. They were renegotiating the terms of your employment - just like they were with Sam. The terms of his employment now became contingent on not working at another company - which weren't the terms of his employment before.
No, it's not. It's getting a (horrific and generally unrealistic) pay cut. In more realistic terms, things like 10% pay cuts sometimes do happen when a company is struggling, and nobody calls those "firings". Because they're not.
Words have meaning. Being fired has a specific meaning, which is a different meaning from being laid off, and is a different meaning from quitting/resigning when you don't like how your job has changed.
(Also, terms of full-time employment often are contingent on not working full-time at another company -- this is a pretty standard clause. So the terms didn't necessarily change at all -- what changed was Sam became CEO of another for-profit company. That was his choice.)
Oh cool. I'm not firing any of my employees then. I'm just saying, "Hey, you can continue working here as long as you work for free! No benefits either, haha! You're totally not fired though - just gotta work for free! Definitely don't try to file anything with the unemployment office because it won't work! You're totally not fired!"
> Also, terms of full-time employment often are contingent on not working full-time at another company -- this is a pretty standard clause
This is also not in any contract that I've ever signed and I've been in SV for a decade.
Your example is nonsensical. There are minimum wage laws. And if somebody is not getting paid at all, then of course they are fired. You've completely changed the example to where they clearly are fired, so I don't know what you're trying to argue.
> This is also not in any contract that I've ever signed
Are you sure you've looked? It can also be implicit in standard clauses such as the company owns all rights to all of your work. In which case starting a second job would be fraudulent.
But of course it's also one of those things that's so common sense it doesn't need to be written into a contract in at-will employment countries (although it often is). There's the expectation in a full-time salaried professional job that the employer is getting all your productive professional work. It's mentally impossible to give 100% to two full-time jobs simultaneously. There's no reasonable expectation that anyone should be able to hold a second full-time CEO job. Nobody is "changing the terms" when the terms are commonly understood. If you start showing up to work shirtless and it wasn't in your employment contract that you're required to wear a top, complaining that they're "changing the terms" is missing the point entirely.
Considering a shit ton of employees in SV are working on their own projects in their spare time, start their own companies, and moonlight - I don't think this is as common in contracts as you're making it out to be.
No, a great deal of that is explicitly prohibited.
If you work for Google, they own anything you develop on the side. They're actually nice in that they have a review process where they will give you your rights back if they decide it isn't competitive with any of their lines of business.
A lot of other companies don't even provide that. If you start a business on the side, they own all of its IP. Period.
This is extremely common. Both with large corporations as well as with startups. You just might not be aware of it.
I’ve done startups myself and it’s not common in any contracts I’ve signed nor have my coworkers. If it was, we all wouldn’t be able to start our own companies.
Why are you trying to make this argument with a hyperbolic and/or inapplicable definition? Working for free would mean no job or slavery. It's not an effective way to make an argument in this case.
Actually, that's not what it is.
Your boss can be like, "Hey, you can continue working here but you will need to take a 50% paycut." You say, "Uh, no." So, you end up leaving the place.
Were you fired? Yes, that's being fired. They were renegotiating the terms of your employment - just like they were with Sam. The terms of his employment now became contingent on not working at another company - which weren't the terms of his employment before.