I've been a contractor and entrepreneur for many years. I do like the higher income that I can command as a contractor, but it's also a matter of principal that any work I do on my own for my own endeavors belong to me.
My current client and I have talked about going "full-time" and I've even discussed it with their legal department. The problem is they have a culture of standard employment contracts and are extremely uncomfortable with the idea of someone having a non-standard employment contract. They said it was "possible", but I'd have to list the projects to be excluded from their interests.
That precludes any opportunity to pursue any new ideas I would come up with.
That's just a flat out non-starter for me. I come up with new ideas all the time and I pursue or network those ideas all the time.
This is definitely a problem with my client and other large corporations. They understand that entrepreneurship is a growing interest of my many technical people and it has become a barrier to attracting those types of people. Something every corporation needs...people who think outside the box.
Of course the primary issue is leverage. If you need the company/paycheck and don't have enough of a background to command a change in the standard employment contract, then you have to sign away all rights. Or you can just decide to be a contractor and explicitly state (where it's necessary), that the work you're assigning rights to is in some amendment and is listed in detail. All other creations/works are yours.
Or you have a strong background with proven results and the corporation is interested in your services enough so that they will work with you on a non-standard employment contract.
I agree with your critique, but I disagree with this line of thinking:
> If you need the company/paycheck and don't have enough of a background to command a change in the standard employment contract, then you have to sign away all rights.
You're not signing away your rights, your signing away everyone's rights. What about the person who doesn't like to sign his rights away, but is now expected to, because some other poor person lead the way? Accepting this kind of bondage from employers means either setting a very bad precedent, or following a very bad precedent. Either way it hurts the workforce.
This person doesn't have the opportunity or financial freedom to fight for everyone. He or she has bills to pay. The leverage dynamic is very real.
It seems the law should be improved here. It would directly promote innovation and new businesses. I don't see much downside either. Businesses would be less entrenched, which on first glance sounds good.
Frankly, that's BS. Employment agreements get amended all the time. You can bet that if it was a change the company decided needed to be made that getting it done wouldn't require them firing everyone and then re-hiring them.
I get the impression you're being blocked by someone who just doesn't want to be bothered, and making a weak excuse is just their easy way out.
You can try an end-run (with the attendant risks). If the agreement itself doesn't contain reusable language providing for amendments, then just keep it simple: draw up a replacement appendix, and stick language at the top that says the list below is added to section X of Document Y attached as appendix B to the employment agreement between $COMPANY and $EMPLOYEE signed on $DATE, copy the format of the signature block at the end of your agreement and send it to the same person who signed your employment contract in the first place for them to sign and return.
IANAL, TINLA, etc., so feel free to get a local labor and employment lawyer to review your agreement and the amendment you've drawn up. Figure on 1-2 billable hours if you have it mostly right.
My current client and I have talked about going "full-time" and I've even discussed it with their legal department. The problem is they have a culture of standard employment contracts and are extremely uncomfortable with the idea of someone having a non-standard employment contract. They said it was "possible", but I'd have to list the projects to be excluded from their interests.
That precludes any opportunity to pursue any new ideas I would come up with.
That's just a flat out non-starter for me. I come up with new ideas all the time and I pursue or network those ideas all the time.
This is definitely a problem with my client and other large corporations. They understand that entrepreneurship is a growing interest of my many technical people and it has become a barrier to attracting those types of people. Something every corporation needs...people who think outside the box.
Of course the primary issue is leverage. If you need the company/paycheck and don't have enough of a background to command a change in the standard employment contract, then you have to sign away all rights. Or you can just decide to be a contractor and explicitly state (where it's necessary), that the work you're assigning rights to is in some amendment and is listed in detail. All other creations/works are yours.
Or you have a strong background with proven results and the corporation is interested in your services enough so that they will work with you on a non-standard employment contract.