salm wrote:
If you´re a founder and absolutely need an employee for whatever reason you can offer somebody a percentage of your company and make him a cofounder. If not paying a cofounder is not possible in California that seems to be a weird law.
That only works if the intent of the intern is to be with the company for a while. If this is a short term assignment, giving someone a percentage of the company is a non-starter.
First a cofounder relationship is a marriage. The time prior to be cofounder is dating, and presumably at that point the intern is not getting paid, and the founder has no money to pay. But they are both feeling each other out to see if they want to get married.
Secondly, investors HATE companies where people that are not active in the company anymore own equity. Dead equity is something that turns investors off and can prevent the company from being funded. Which means instead of the interns resume saying "I helped build the app for this startup that took off," it says "I built an app for a startup that went nowhere."
Simply not paying people, even if they absolutely love to work for you for free, opens the door and leads to abuse that is way worse than a couple of companies not founded.
Sounds like a slippery slope argument. So there may be no abuse here, but it "opens the door" to abuse in some place else is a slippery slope. Particularly where we are talking about pre-revenue companies with a starving startup founder, vs exploitation by a multi-million dollar mega-corp.
Just because you´re poor shouldn´t give you the right to keep other people poor by exploiting them.
I fail to see how it is exploitation in the early stage startup's case unless the founder is like "HA HA HA, stupid intern, he works for free, and I make millions, HA HA HA." When in most cases it's "Whew, I found a smart and capable guy that is willing to work for free to help launch this company, because, I have no money. Thank the heavens, if not for this little angel, I would be screwed."
In that case the founder is under enormous pressure to 1. Build a healthy relationship with the intern and 2. get some money in. Because if the intern is talented enough, people that
do have some cash will come calling for the intern's services. So the founder isn't thinking about exploiting the intern, he's thinking about how to get traction fast enough to get the intern paid, or at least keep him interested in the project.