Non-competition clause in the opensource industry
I’m now jobless. I resigned from my OSS company on August 16, so 3 months later, I’m done with it and I got my final check today, 2 days after leaving. Goodbye all..and best of luck.
As I have counted recently, I’m the 25th employee to leave in 2005. The company oscillated between 35 to 45 people. Which means that staff turn-over is, to be fair ~55%, to be harsh 70%..so the truth might be in between: 63%. It would take only massive money investment as a short term patch to avoid the company from collapsing entirely due to such negative spiral and keep it afloat.
I resigned, because I lost confidence in executives to do anything about quality of work, customer and employee relations, understanding of the software industry and opensource, and was really tired of not doing what I was good at and what was supposed to be my job: technical. I needed to learn more, and I could not get it here.
As I was the only employee with opensource experience within a community ( ie, The Apache Software Foundation, the best education you could get about collaboration, respect, trust, software and quality) and software development experience at a commercial publisher. I take that as a personal failure for not beeing able to educate people better. But, I would be more careful next time when I find that it is the first and only company for mostly everyone, including the executives who also have no experience in software but jumped in the OSS money train.
I’m leaving the company with an additional gift: A non-competition clause preventing me to work as an individual or for any company in France in any position in the field of Linux and/or free software for the next six months. Financial compensation which cannot be disclosed for legal matters is of course similar to the clause: ridiculous.
I’m guilty of having signed such non-sense which is part of every employee work contract and should have been more suspicious and less trusty in those business aspects. These non-competition clauses are usually not activated when an employee leaves because:
- it does not make any sense in most case
- it drains money out of the company unnecessarily
- there are constants lawsuits and precedents which makes it hard to write a valid clause
- it is against basic law articles related to freedom of work
- it gives bad publicity to the company: people talk !
- employees loose any trust they have with executives
Last but not least, if you are really working in the opensource industry and really understand it:
- it REALLY does NOT make ANY sense!
Anyone doing business and looking for a job with this company should be aware of this fact alone to decide whether or not this corporate way of thought match their ideas. Watch out for smoke screen and look for facts. This one is a fact.
Now, if you want to know the name of the company, it would be unfair to give it. So I suggest to simply google for it with my name and former position or look at my LinkedIn profile.
I believe in trust, and I believe that trust is essential to build good relationships and shape a cohesive, motivated and respected team. I also like my work, despite ranting a lot about it, and for some reason, even the next day, 24h after officially not being an employee, I stopped by to help a colleague to solve a problem.
Talk about being professional.
And see what you get.
Of course, this entry conforms to the following articles of the Charter of Fundamental Rights of the European Union:
- Article 10 – Freedom of thought, conscience and religion
- Article 11 – Freedom of expression and information.
and the non-competition clause breaks the following article:
- Article 15 – Freedom to choose an occupation and right to engage in work
- Article 16 – Freedom to conduct a business.
You are free to comment and show your support… I trust you guys.







