4 ms·

Do you sign the default contract?

8 points by rayvega 17y ago

trunnell 17y ago
No, if anything is wrong you do not sign the default contract. Non-compete agreements are not enforceable in California under most circumstances. [1] Surprisingly, most companies I've worked with have not updated their new-hire documents. Having negotiated several consulting or employment contracts over the last few years (in SF and San Jose), I can confirm that that most companies aim for "everything you create belongs to us." I find that practice despicable. Luckily it's usually a negotiable point. I recently started with a company whose employment contract basically said, whatever you do here belongs to us; whatever you do on your own time belongs to you. This was refreshing. [1] http://boingboing.net/2008/08/08/california-supreme-c-1.html http://boingboing.net/2008/08/08/california-supreme-c-1.html http://en.wikipedia.org/wiki/Non-compete_clause#Exceptions_-_valid_non-compete_agreements_in_California http://en.wikipedia.org/wiki/Non-compete_clause#Exceptions_-...
ghshephard 17y ago
I always wonder about about the "difficult" employees who balk at signing the bog-standard silicon valley employment contract that the other 499/500 employees have signed. Are the contracts perfect? No. Are they designed to screw you? Probably Not. If (Big IF) you are working for a reputable company, and the contract looks reasonable, should anyone other than a principal (Senior VP and above) bother to negotiate their employment contract? No. Every line-employee I've seen who has tried to negotiate, modify, or change the contract has just been told "That's the contract that you sign to work here." Seriously though, the "All you create are belong to us" clause is pretty much a requirement for a company funded by the major VCs, who are clearly concerned about their IP going out the door. Now, termination contracts - that's where you have a little leverage, particularly if the company doesn't want a stink and/or they think you have grounds for a lawsuit. That six week severance can quickly turn into eight, ten, or even twelve weeks if you know how to ask right.

8 points by rayvega 17y ago

No, if anything is wrong you do not sign the default contract. Non-compete agreements are not enforceable in California under most circumstances. [1] Surprisingly, most companies I've worked with have not updated their new-hire documents. Having negotiated several consulting or employment contracts over the last few years (in SF and San Jose), I can confirm that that most companies aim for "everything you create belongs to us." I find that practice despicable. Luckily it's usually a negotiable point. I recently started with a company whose employment contract basically said, whatever you do here belongs to us; whatever you do on your own time belongs to you. This was refreshing. [1] http://boingboing.net/2008/08/08/california-supreme-c-1.html http://boingboing.net/2008/08/08/california-supreme-c-1.html http://en.wikipedia.org/wiki/Non-compete_clause#Exceptions_-_valid_non-compete_agreements_in_California http://en.wikipedia.org/wiki/Non-compete_clause#Exceptions_-...

ghshephard 17y ago

I always wonder about about the "difficult" employees who balk at signing the bog-standard silicon valley employment contract that the other 499/500 employees have signed. Are the contracts perfect? No. Are they designed to screw you? Probably Not. If (Big IF) you are working for a reputable company, and the contract looks reasonable, should anyone other than a principal (Senior VP and above) bother to negotiate their employment contract? No. Every line-employee I've seen who has tried to negotiate, modify, or change the contract has just been told "That's the contract that you sign to work here." Seriously though, the "All you create are belong to us" clause is pretty much a requirement for a company funded by the major VCs, who are clearly concerned about their IP going out the door. Now, termination contracts - that's where you have a little leverage, particularly if the company doesn't want a stink and/or they think you have grounds for a lawsuit. That six week severance can quickly turn into eight, ten, or even twelve weeks if you know how to ask right.