IBM blocks Papermaster's work at Apple

Really bad of IBM to do this to an individual. When corporates are laying off thousands and offshoring, this is the final straw. I imagine Papermaster was among those that had his IBM pension frozen or changed? I just had my pension frozen, removal of my co's 410K matching and final insult is my 401k is now worth half of what it was last year. It's absolutely amazing what the corporate world think they can get away with. I hope Mr Papermaster wins this case unwarranted as it is. Hopefully Corporate world is going to get their come upping's in the next year or so...

For a non compete to be valid, IBM had to have offered Papermaster some sort of compensation or other consideration for his signing the non-compete. He was already employed in 2006 so unless he received something in exchange for signing, he wins in court. Let's say, though, that IBM does win. IBM will likely have to pay his salary for a year while he sits it out. You can't keep people from supporting their families. In response to Kim's comments, sometimes you are threatened with you job if you don't sign (which of course is illegal). This is called signing under duress which is also unenforceable.

Non-compete agreement for engineers is not enforceable in California.

Most of these postings miss the point entirely. He signed a non-cometition agreement, then violated it. If he had no intention of living up to his end of the bargain, he should not have signed it. It does not restrict his employment to anthing other than a handful of companies. As was mentioned , if you make mopre than $20.00 an hour non-competion clauses are pretty much the norm in almost any industry..not just R&D. Just as a matter of course, you should have the backbone, and the honesty to live up to the contracts that you have signed in your life both personally, and professionally. Apple should think again about hiring anyone who has no professional honesty or integrety, as he probibly will, in a few years turn around and do the same to them.

As an IBM employee, I applaud Mr Papermaster and his stand. The IBM "golden noose" is nothing more than "Restraint of Trade". By employing someone with very specific skill sets, and then to block their right to exercise that skill is at best immoral. A comparison would be to block a neuro-surgeon from working at hospital "B" after leaving hospital "A", simply because he would be practising the same procedures. This cannot be allowed to come down on the side of IBM. It has to be a basic human right to utilize the skills someone has spent time and money to gain at university, without constraint.

It is normal for many businesses to have a non-compete clause. Even my dad had one with his concrete pumping business. BUT a business CAN NOT force someone to be unemployable. On that, there is many other jobs Papermaster could do, even if that means working at a sandwitch shop (been there done that).

If this was all in Calif. this would be moot. In August, the CA Supreme Court re-affirmed earlier rulings that non-compete agreements are not-enforceable because they unduly restrict the rights of workers to change jobs. This is a great example. There are only minor exceptions. I wonder what would happen if Apple sued IBM in CA courts? Any lawyers out there?

Uless a old employer secures its "non-compete" challenge by provide court with hard evidence on (1) Sufficient "trade secret" involved this employee (2)the new employer''s competition or indication on competition, I do not think it is legitimate to block an employee''s right in pursuit of his right. The point is between business competition and people''s right of working.

Why can't IBM and Apple work together instead of trying to block each other's direction? Ahh...yes this is reality's plane old simple profit sense or do not let anyone profit from it.

Does anyone think it funny that IBM says a job overseeing iPod and iPhone development is "competitive" to its business? I''d agree with Papermaster that there is a significant difference, regardless of the base processor technology that MIGHT be used.

Why invest hundreds of millions in research when all the benefit could walk out the door when a key employee jumps ship? Apple buys a fab that makes MPUs based on the Power PC architecture and then hires away IBM''s expert on that product. This does not seem like a coincidence. Apple could have cut a licensing deal with IBM which included Papermaster. Apple chose not to that.

IBM sucks.

I totally agree with Dave. This is ridiculous. They should let Papermaster carry on his work with Apple. The markets are pretty much orthogonal. Plus, IBM has a zillion patents to protect it's IP. If Apple is found to have violated patents, then IBM can go after Apple in courts.

Dave, where have you been hiding? Non-compete clauses are common at the executive level.

This over the edge. To prevent someone from working in the industry they are trained in is bad for everyone. To keep him from taking trade secrets is another matter. From this is seems that once you have worked with even a resistor a company could prevent you from working for any electronics Company.