[richardhenry]

This isn't really true.

In California specifically, Labor Code Section 2870 limits an employer's claim over inventions or products created a) outside of work hours, b) without using company resources like your work laptop, and c) not related to/competitive with the company's business.

Even outside of California, it's extremely rare for companies to try to claim ownership of side projects that check all of the boxes above. Legal action is expensive and bad PR unless the employee is clearly infringing or building something competitive.

[ryandrake]

> c) not related to/competitive with the company's business.

Is a loophole big enough for a train to go through. BigTech can, and will, with a straight face, claim almost anything as "related to" something they are working on--because they work on everything. I have worked at two BigTechs and had to basically stop working on side projects because they both emphatically threatened (during onboarding) that they will aggressively claim IP ownership of moonlighting projects.

Anyone considering doing potentially commercializable side projects should do their due diligence. Even if you're right and they can't claim it, do you have the $$$ to fight their army of lawyers?

EDIT: The loophole's actual wording is:

     "Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer"

Which I think we can all agree is pretty broad. Be careful out there!