If all of an applicant's code is owned by their current employer would "whiteboard" style code also be prohibited in an interview? I guess I'm wondering where the line is drawn.

> The problem you're working on can be fake

I'm assuming if it was a fake problem, it wouldn't be something the other company could actually use.

It's not about what they could use. It's about what they own and where it's going. If your employment agreement states that any code you write belongs to your employer and that you're not allowed to share company code with others, then a work-sample test essentially asks candidates to violate their current employment agreement.

Employment agreements like that are certainly frustrating. I've had experience with a few.

One thing to realize is that your employer can't really retaliate. The hypothetical iOS app I mentioned is set up for one purpose: to let candidates show they can do work the company is looking for. Not only will the code be thrown away, but it wouldn't make any sense to use it.

Taking that interpretation would mean any interview where you write code would violate your employment agreement.

I would say that if the new company is not in the same section of the industry, than enforcing that agreement is entirely unreasonable.