*chuckles* Just out of highschool, I once got a contract that was 5 pages long, the first two pages of duties were receptionist duties, the second two pages of salary and pay details were for a systems engineer and the 5th page was signed by VP's and HR types indicating my position title as Manager :)
I still have a copy somewhere for amusement value. ----- Original Message ----- From: "Toby Tremayne" <[EMAIL PROTECTED]> To: "CFAussie Mailing List" <[EMAIL PROTECTED]> Sent: Tuesday, March 04, 2003 3:14 PM Subject: [cfaussie] Re: OT: A lesson learned > the other thing to remember about contracts is that more often than > not you'll be handed a contract, the contents of which nobody has > truly read thoroughly, and a lot of these clauses are put in with a > "it's worth a try" mentality. If you question them they'll usually be > fine in dropping them (on the more insanely restrictive elements at > any rate - might not be the same situation if you decide the clause > specifying your salary needs to be rewritten...) > > Toby > > > > Tuesday, March 4, 2003, 4:03:42 PM, you wrote: > > stc> Scott - You need to be explicit inthe contracts... > > stc> IE in realestate it tends to be you will not opperate as an agent within > stc> these suburbs for this period. > > stc> On the otherhand you an't tell a carpenter that he can't work with wood for > stc> x months > > stc> In IT it tends to typically be along the lines of 'You will not start a > stc> technical support service in direct competition with the technical support > stc> service you work for' or 'you will not start an ISP after quitting an ISP' > > stc> Typically as a Coder? It won't have a great deal of bearing on you. You > stc> might find issues with an appropriately worded contract if you went to work > stc> for tourism victoria. But its normally only cases of senior roles with > stc> direct competition being applicable. > > stc> General purpose tech monkeys can skip around without serious issues, and > stc> generic contracts tend to be too broad to be enforceable. I don't actually > stc> know anybody thats had an issue with it in general. I know of one guy who > stc> left the company I work for, lifted our business model in entirety, and > stc> setup across the road (Well around the corner) undercutting our prices > stc> slightly. > > stc> While I've never tried to dispute it, my legal advice in the apst has been > stc> that it is possible, but only with senior roles and in limited conditions. > > > stc> "Scott Barnes" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > >> > >> Can you lock someone into a contract stating they cannot work for a > >> competitor for X months? I thought you can't do this. I had a situation > stc> with > >> a company i worked for, who basically put in the contract the very same > >> thing you described "Cannot divulge company secrets, cannot work for my > >> competitor etc" > >> > >> Took it to my lawyer, and he basically laughed and stated its Restraint of > >> your trade, and they can't restrict or dictate as to who you work for > stc> after > >> leaving a position. You quit/fired from a position, its basically go out > stc> and > >> start again scenario and no one can dictate as what rules / conditions. > >> > >> If thats the case, then we better have a backup trade for X months, while > stc> we > >> wait for the timeout as we can't do any web development as that would be > stc> in > >> direct competition to your employer? > >> > >> In this case, frankly the problem lied with someone knowing way to much > >> information about a companies infrastructure. I've heard stories of where > stc> in > >> a "professional" environment, the IT guys knew a person was fired before > >> they did, in that they'd come in that morning to find that they can't > stc> login > >> and with a yellow post-it note saying "See HR".. > >> > >> Walk in, and its bam, right between the eyes. They do this for this very > >> reason in that, it doesn't give a person enough time / control to damage > >> company assets / information. Same goes with IT people, most companies > stc> will > >> escort you from the building within 20mins of being "fired" or after you > >> resign. > >> > >> You need to have a monitoring situation on your sysadmins and have someone > >> check their work etc, play big brother if you have such sensitive > >> information. Also backups anyone? > >> > >> > >> > >> > > > > stc> --- > stc> You are currently subscribed to cfaussie as: [EMAIL PROTECTED] > stc> To unsubscribe send a blank email to [EMAIL PROTECTED] > > stc> MX Downunder AsiaPac DevCon - http://mxdu.com/ > > > > > > > > --------------------------------------- > > Life is poetry - > write it in your own words. > > --------------------------------------- > > Toby Tremayne > Technical Team Lead > Code Poet and Zen Master of the Heavy Sleep > Toll Solutions > 154 Moray St > Sth Melbourne > VIC 3205 > +61 3 9697 2317 > 0416 048 090 > ICQ: 13107913 > > > --- > You are currently subscribed to cfaussie as: [EMAIL PROTECTED] > To unsubscribe send a blank email to [EMAIL PROTECTED] > > MX Downunder AsiaPac DevCon - http://mxdu.com/ > --- You are currently subscribed to cfaussie as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED] MX Downunder AsiaPac DevCon - http://mxdu.com/
