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I can't find it now, but there was a case that was talked about on the Mic Dicta legal podcast about this false idea that contracts are a negotiation with the e

I can't find it now, but there was a case that was talked about on the Mic Dicta legal podcast about this false idea that contracts are a negotiation with the employer. They're not and shouldn't even be though of contracts in the traditional sense. You sign it if you want the job. You disagree with it: there is no negotiation. I have always refused to sign non-competes and wrote this post about it: https://penguindreams.org/blog/why-i-dont-sign-non-competes/ https://penguindreams.org/blog/why-i-dont-sign-non-competes/ Usually it hasn't been a problem, but this past year I had to walk away from two jobs because they wouldn't adjust the contracts. I'm a skilled worker though, and I have that ability due to my line of work. The average labourer does not. Even if these contracts are not enforceable, if a company sees that you have a previous employer that is a competitor and knows they make workers sign those contracts, they are less likely to hire you because they don't want to get into a court case. California prohibits non-compete clauses in their contracts and nullifies the enforceability of non-competes from other states for workers who take jobs in California. The Federal government needs to go the same route. No employer has a right to your loyalty after you leave a company, unless they're willing to be like Germany where they pay your wages during the period of the non-compete.

zrail 8y ago
I heavily negotiated my employment contract for my current job, including using an attorney to revise things. I was going from 1099 to W2, though, and my employer really wanted to keep me, and I really wanted to stay with them.
howard941 8y ago
> California prohibits non-compete clauses in their contracts and nullifies the enforceability of non-competes from other states for workers who take jobs in California. There are silicon swamps, silicon deserts, silicon mountain, Route 1, and so on. And then there's SV. IMO non-compete unenforceability is the valley's secret sauce.
notacoward 8y ago
I went back and forth several times with one employer over some parts of the employee agreement, all very cordial, and ended up never signing it. When I later resigned, the admin emailed me saying that they didn't seem to have a signed agreement on file so could I please sign the one she'd attached. I explained as nicely as I could that the ball had been in their court when it got dropped, and that I wouldn't be signing any version of the document at that point. I'm not sure I'd recommend that as a deliberate strategy, but it worked out OK for me that time.
- rhacker 8y ago
  I've done this too. There have been many situations where I kinda bypass the HR stuff - kinda don't acknowledge it happened or whatever, and just continue my discussions with the people interested in getting me employed. works great. HR doesn't win those.

zrail 8y ago

I heavily negotiated my employment contract for my current job, including using an attorney to revise things. I was going from 1099 to W2, though, and my employer really wanted to keep me, and I really wanted to stay with them.

howard941 8y ago

> California prohibits non-compete clauses in their contracts and nullifies the enforceability of non-competes from other states for workers who take jobs in California. There are silicon swamps, silicon deserts, silicon mountain, Route 1, and so on. And then there's SV. IMO non-compete unenforceability is the valley's secret sauce.

notacoward 8y ago

I went back and forth several times with one employer over some parts of the employee agreement, all very cordial, and ended up never signing it. When I later resigned, the admin emailed me saying that they didn't seem to have a signed agreement on file so could I please sign the one she'd attached. I explained as nicely as I could that the ball had been in their court when it got dropped, and that I wouldn't be signing any version of the document at that point. I'm not sure I'd recommend that as a deliberate strategy, but it worked out OK for me that time.

rhacker 8y ago
I've done this too. There have been many situations where I kinda bypass the HR stuff - kinda don't acknowledge it happened or whatever, and just continue my discussions with the people interested in getting me employed. works great. HR doesn't win those.