4 ms·

If they didn't initial these handmade changes (but rather just missed them) - i think they wouldn't be enforcable. They "lost their copy" likely for this purpos

by gesman 13y ago

If they didn't initial these handmade changes (but rather just missed them) - i think they wouldn't be enforcable. They "lost their copy" likely for this purpose - so that they could argue that you "added changes" after the contract was signed.

foolfoolz 13y ago
what, how is this fair? housing lease agreements have initials on each section and page for this reason, so on big long contracts you can't change a small part. if you lose a copy of a contract, and the other party has a copy that is signed and dated by you (in all locations required), isn't that case closed?
jasonkolb 13y ago
Is there a legal basis for this? I do this all the time, if I'm given a stock form to sign and I don't like it I just change it--it's much easier than trying to get it changed by them. Most employees don't care and don't know how to handle something like this so they just process it normally.
- gesman 13y ago
  Without other side consciously agreeing to your changes via initials - this is alike to graffiti on the wall. Fun for artist - little nuisance (not much more) for building owner.
  - deleted 13y ago
    [deleted]
  - smoyer 13y ago
    Not according to my attorney ;)
  - pbhjpbhj 13y ago
    But then you haven't agreed to the original contract and the contract would be entirely void, no? It seems strange that an otherwise legal contract signed by both parties would be void based on the agreed content when signed.
    - jasonkolb 13y ago
      That's what I think as well. It's either null and void or my changes apply--I'm good either way.
s_baby 13y ago
I think this only applies when you pen in changes. These are clean re-prints.
smoyer 13y ago
They sent the document as a Word document and I changed the document ... In the past I've done the strike-through and initial way too. They initialed each page and signed the last page and I've got a fully executed copy. They didn't lose their copy on purpose and when the HR representative pointed out that they could inform my new employer about the terms of the NC and NDA, I told them I'd altered the original and that they didn't have my permission. As I said before, I wasn't interested in taking their IP but rather eliminated the parts that are onerous to the employee and that might put my side projects at risk. I should also point out that I'm still on good terms with this company and have helped with various IP issues that weren't finished when I left.

by gesman 13y ago

foolfoolz 13y ago

what, how is this fair? housing lease agreements have initials on each section and page for this reason, so on big long contracts you can't change a small part. if you lose a copy of a contract, and the other party has a copy that is signed and dated by you (in all locations required), isn't that case closed?

jasonkolb 13y ago

Is there a legal basis for this? I do this all the time, if I'm given a stock form to sign and I don't like it I just change it--it's much easier than trying to get it changed by them. Most employees don't care and don't know how to handle something like this so they just process it normally.

gesman 13y ago
Without other side consciously agreeing to your changes via initials - this is alike to graffiti on the wall. Fun for artist - little nuisance (not much more) for building owner.
- deleted 13y ago
  [deleted]
- smoyer 13y ago
  Not according to my attorney ;)
- pbhjpbhj 13y ago
  But then you haven't agreed to the original contract and the contract would be entirely void, no? It seems strange that an otherwise legal contract signed by both parties would be void based on the agreed content when signed.
  - jasonkolb 13y ago
    That's what I think as well. It's either null and void or my changes apply--I'm good either way.

s_baby 13y ago

I think this only applies when you pen in changes. These are clean re-prints.

smoyer 13y ago

They sent the document as a Word document and I changed the document ... In the past I've done the strike-through and initial way too. They initialed each page and signed the last page and I've got a fully executed copy. They didn't lose their copy on purpose and when the HR representative pointed out that they could inform my new employer about the terms of the NC and NDA, I told them I'd altered the original and that they didn't have my permission. As I said before, I wasn't interested in taking their IP but rather eliminated the parts that are onerous to the employee and that might put my side projects at risk. I should also point out that I'm still on good terms with this company and have helped with various IP issues that weren't finished when I left.