https://blog.plover.com/law/contracts-3.html The Universe of Discourse Mark Dominus (Tao Thu, 21 Apr 2022 Min Xiu ) mjd@pobox.com Pushing back against contract demands is scary but please try anyway [TOP] A year or two ago I wrote a couple of articles about About me the importance of pushing back against unreasonable contract provisions before you sign the contract. [ RSS Atom 1: Strategies] [2: Examples] 12 recent My last two employers have unintentionally had entries deal-breaker clauses in contracts they wanted me to sign before starting employment. Both were examples What's wrong I mentioned in the previous article about things you with SML? should never agree to. One employer asked me to Pushing back yield ownership of my entire work product during the against contract term of my employment, including things I wrote on demands is scary my own time on my own equipment, such as these blog but please try articles. I think the employer should own only the anyway things they pay me to create, during my working Let's go find hours. out! Notable items When I pointed this out to them I got a very typical missing from reply: "Oh, we don't actually mean that, we only English want to own things you produced in the scope of your Wikipedia employment." What they said they wanted was what I Unordered pairs also wanted. a la Wiener At last, an This typical sort of reply is almost always internet truthful. That is all they want. It's important to commenter I can realize that your actual interests are aligned here! agree with The counterparty honestly does agree with you. Playing the game one level up But you mustn't fall into the trap of signing the Olaf's new menu contract anyway, with the idea that you both item understand the real meaning and everything will be U.S. surnames okay. You may agree today, but that can change. The with no vowels company's management or ownership can change. Best Suppose you are an employee of the company for many occupational years, it is very successful, it goes public, and name ever? the new Board of Directors decides to exert My horse Pongo ownership of your blog posts? Then the oral There is a Unix agreement you had with the founder seven years error device before will be worth the paper it is not printed on. The whole point of a written contract is that it can Archive: survive changes of agency and incentive. 2022: JFMA So in this circumstance, you should say "I'm glad we 2021: JFMAMJ are in agreement on this. Since you only want JASOND ownership of work produced in the scope of my 2020: JFMAMJ employment, let's make sure the contract says that." JASOND 2019: JFMAMJ If they continue to push back, try saying innocently JASOND "I don't understand why you would want to have X in 2018: JFMAMJ the written agreement if what you really want is Y." JASOND (It could be that they really do want X despite 2017: JFMAMJ their claims otherwise. Wouldn't it be good to find JASOND that out before it was too late to back out?) 2016: JFMAMJ JASOND Pushing back against incorrect contract clauses can 2015: JFMAMJ be scary. You want the job. You are probably JASOND concerned that the whole deal will fall through 2014: JFMAMJ because of some little contract detail. You may be JASOND concerned that you are going to get a reputation as 2013: JFMAMJ a troublemaker before you even start the job. It's JASOND very uncomfortable, and it's hard to be brave. But 2012: JFMAMJ this is a better-than-usual place to try to be JASOND brave, not just for yourself. 2011: JFMAMJ JASOND If the employer is a good one, they want the 2010: JFMAMJ contract to be fair, and if the contract is unfair JASOND it's probably by accident. But they have a million 2009: JFMAMJ other things to do other than getting the legal JASOND department to fix the contract, so it doesn't get 2008: JFMAMJ fixed, simply because of inertia. JASOND 2007: JFMAMJ If, by pushing back, you can get the employer to fix JASOND their contract, chances are it will stay fixed for 2006: JFMAMJ everyone in the future also, simply because of JASOND inertia. People who are less experienced, or 2005: OND otherwise in a poorer negotiating position than you were, will be able to enjoy the benefits that you negotiated. You're negotiating not just for yourself ---------------- but for the others who will follow you. Subtopics: And if you are like me and you have a little more Mathematics 216 power and privilege than some of the people who will Programming 80 come after, this is a great place to apply some of Language 77 it. Power and privilege can be used for good or bad. Misc 57 If you have some, this is a situation where you can Book 46 use some for good. Tech 40 Oops 29 It still scary! In this world of giant corporations Unix 26 that control everything, each of us is a tiny Cosmic Call 25 insect, hoping not to be heedlessly trampled. I am Haskell 22 afraid to bargain with such monsters. But I know Physics 21 that as a middle-aged white guy with experience and Etymology 21 savings and a good reputation, I have the luxury of Law 17 being able to threaten to walk away from a job offer Perl 16 over an unfair contract clause. This is an immense Math.SE 15 privilege and I don't want to let it go to waste. [mjd-univer] We should push back against unfair conditions Higher-Order pressed on us by corporations. It can be frightening Perl Blosxom and risky to do this, because they do have more power than we do. But we all deserve fairness. If it Comments seems too risky to demand fair treatment for disabled yourself, perhaps draw courage from the thought that you're also helping to make things more fair for other people. We tiny insects must all support one another if we are to survive with dignity. [Other articles in category /law] permanent link