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Slightly O/T ‘non-competition’… (Score:5, Interesting)
by saderax (718814) on Tuesday July 19, @07:48PM (#13108928)

At my job (a small company of 11 people), I was recently informed that we would be renegotiating contracts. I was then handed a 16 page document and told if I did not sign it, I would be fired.

Nestled deep among the fine print of this document I discovered the following gems:

• I cannot use a computer for two years after I leave.
• The contract never expires.
• Anything I do on my computer, at my own home, on my time, belongs to the company.
• If I get another job on a computer, I have to notify them, and the company has a right to send my new employer a copy of the contract.

My boss says I’m reading it wrong, its all legal speak, and its just a friendly contract. He also claims every business will make me sign the same thing. Is this legal? I’ve received a lot advice. Some say to quit, some say its unenforcable, and I should sign it, etc.

So far I have not signed it (so I can leave and compete all I want…), but cannot find a job to leave this company for. Should I sign it? Is anyone hiring a web programmer in the Tampa, FL area?

Re:Slightly O/T ‘non-competition’… (Score:5, Interesting)
by yerM)M (720808) on Tuesday July 19, @07:57PM (#13109013)
(http://jura.wi.mit.edu/people/kelley/)

Here is what I did:

Scratch out (draw lines through) the items you don’t like and initial them and sign the bottom pages (all of them). Make a notorized copy and hand the contract back. There is a good chance it will be counter-signed without anyone looking over the contract.

Remember, this is a CONTRACT, you are free to make changes that you see fit.

Re:Slightly O/T ‘non-competition’… (Score:5, Insightful)
by natmsincome.com (528791) <nat@msincome.com> on Tuesday July 19, @08:39PM (#13109379)

I had a similar expeince recently.

Someone else has already stated it but I’ll say it again:

* Contracts are 2 ways. You are allowed to change them. Cross out what you don’t like and sign and date the changes. At the end you both sign the new contract.
* It’s generally easier to add a clause then take one away.
* If it is just a friendly contract the boss won’t have a problem with your changes.
* Turn the contract around instead of the boss asking you why you won’t sign it ask him to justify the points you have a problem with.
* You can also write up a counter contract and ammend the original contract to refer to the additional contract. Eg you have a contract with the boss that says there will always be free coffee, you will always get more than 20 hous of work per week, etc. If this contract is broken it also frees you of the former contract.

Generally once you’re able to get the boss in your shoes and ask him if he’d agree to similar terms he will be reasonable. Also I’ve generally found it’s easier to add conditions that make something toothless than crossing it out.

Eg.

* I cannot use a (work supplied) computer for two years after I leave.
* The contract never expires. (For the duration of my employment)
* Anything I do on my computer, at my own home, on my time, belongs to the company. (As long as it is linked to a project at work)
* If I get another job on a computer, I have to notify them (for the first year), and the company has a right to send my new employer a copy of the contract (after notifying you beforehand in writing, failure to notify you beforehand will result in the termination of this contract).

As you can see this doesn’t cross anything out but makes them almost meaningless.

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