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The "just a formality" line really bugs me. I once contracted for a place that asked me to indemnify them against all fines or taxes due against them in relatio
by MatthewWilkes 11y ago
The "just a formality" line really bugs me. I once contracted for a place that asked me to indemnify them against all fines or taxes due against them in relation to my contract with them. So, I asked them to amend it to include language that excluded cases where they are informed that they are breaking the law, where they agree to a settlement with a third party, where they refuse to defend an action, where they fail to notify me immediately after an accusation is made, etc. They refused, saying it's just a formality.
I can understand why their lawyers were keen on having people sign it, as they were so clearly abusing their relationships with contractors, but I don't understand why so many of my colleagues did.
- mikeash 11y ago"If you don't intend to enforce it then you don't need me to sign it." Sometimes this works and sometimes they'll insist anyway. In the latter case, you can run away knowing you dodged a bullet.
- twohlix_ 11y agoI was told a clause was unenforceable, and used the reasoning "So we can remove it from the contract?" and they wanted me to work with them so they took it out. My usual approach with NCs is to reign in the scope of them. I've had some that could be interpreted I couldn't write any software for anyone else for up to a year.
- kafkaesq 11y agoCompanies have a way of shitting their pants, and walking away from the employment offer if you question even a line or two of the "formalities" they expect you to unblinkingly sign.
- kevin_thibedeau 11y agoI would consider that a bullet dodged.
- kafkaesq 11y agoTrue but it grinds the gears nonetheless (especially when considerable time has been invested, and you were actually kind of interested in what they were doing).