3 ms·

I also worked for a company with an objectionable IP clause, and because of their general state of disorganisation I didn't actually receive a copy of the contr

I also worked for a company with an objectionable IP clause, and because of their general state of disorganisation I didn't actually receive a copy of the contract until after I had been working there for a few weeks. While discussing my options with friends and colleagues, I was given the ridiculous advice that I was already bound by the contract just by showing up and that signing it wouldn't make a difference. Fortunately I disregarded that advice and asked for the clause to be renegotiated, which delayed things by another week, and I received advice (from someone more knowledgeable) that as I'd then worked there for a month, there was an implicit contract, but it bound the company, not me, meaning that I couldn't be fired without cause, which put me in a stronger negotiating position. Anyway, they ended up accepting a rewording of the clause which meant that only work I produced (in or out of hours) which was relevant to the business could be claimed by them.

notacoward 5y ago
That sounds similar to my other favorite work/legal story, the crux of which is that initial employment counts as consideration (in most jurisdictions) and thus can be the basis of a contract, whereas continued employment does not and can not. This is directly related to why many companies technically fire employees during an acquisition and then re-hire them as part of the new parent. IANAL and this is not legal advice. I just had to live through a situation where these distinctions were highly relevant and important.
Buttons840 5y ago
> While discussing my options with friends and colleagues, I was given the ridiculous advice that I was already bound by the contract just by showing up and that signing it wouldn't make a difference. "Then what's the point of me signing it? Are you going to fire me because of something which makes no difference?"
- dane-pgp 5y ago
  I think the "logic" behind the advice I received was that there were benefits specified in the contract which I wouldn't be entitled to (such as a notice period? or sick pay?) if I didn't sign it. Under this theory, I may have been entitled to any benefits that were mentioned during the interview and salary negotiation process, but they might be difficult for me to enforce. For example, if the company had refused to grant those mentioned benefits, as a form of constructive dismissal, I might have had a hard time proving during an employment tribunal which benefits were informally agreed (and were conditions upon which I had accepted their job offer).

notacoward 5y ago

That sounds similar to my other favorite work/legal story, the crux of which is that initial employment counts as consideration (in most jurisdictions) and thus can be the basis of a contract, whereas continued employment does not and can not. This is directly related to why many companies technically fire employees during an acquisition and then re-hire them as part of the new parent. IANAL and this is not legal advice. I just had to live through a situation where these distinctions were highly relevant and important.

Buttons840 5y ago

> While discussing my options with friends and colleagues, I was given the ridiculous advice that I was already bound by the contract just by showing up and that signing it wouldn't make a difference. "Then what's the point of me signing it? Are you going to fire me because of something which makes no difference?"

dane-pgp 5y ago
I think the "logic" behind the advice I received was that there were benefits specified in the contract which I wouldn't be entitled to (such as a notice period? or sick pay?) if I didn't sign it. Under this theory, I may have been entitled to any benefits that were mentioned during the interview and salary negotiation process, but they might be difficult for me to enforce. For example, if the company had refused to grant those mentioned benefits, as a form of constructive dismissal, I might have had a hard time proving during an employment tribunal which benefits were informally agreed (and were conditions upon which I had accepted their job offer).