
Do you sign the default contract? - rayvega
http://ayende.com/Blog/archive/2009/10/03/do-you-sign-the-default-contract.aspx
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trunnell
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://en.wikipedia.org/wiki/Non-
compete_clause#Exceptions_-...](http://en.wikipedia.org/wiki/Non-
compete_clause#Exceptions_-_valid_non-compete_agreements_in_California)

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ghshephard
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.

