It's also important to remember that Boards of Directors and Executives have their corporate attorneys recommend the best possible position for the company to be in when bringing on new hires. And let's face it, most of these companies hold almost all the marbles when it comes to negotiating with their next "techie grunt" hire--up to the point that you'll walk because of the agreement. And in most cases, the 99 other guys that would kill for that job will sign it without any reservations.
Jon's suggestion is good because it brings a solution to the table, but as someone who has hired a lot of people, if the last five hires all signed the agreement without pause and you push back, the little voice in my head says "this guy is going to be a pain in my ass". Now I'm suddenly far less prone to make accommodations, including signing an addendum, because now legal has to get involved to review the doc, etc. I just signed one of these last week with "Big Co." and I signed it without looking for accommodations because: a) I've no plans to develop my own products in that space b) If I ever did, I'd quit to go do it c) I know a LOT of folks that have quit, developed related products, and sold the company/product/technology back to Big Co. d) If you're not employed by them and you aren't stealing what is OBVIOUSLY their IP, it's really difficult for them to prove in court e) You have to prove to be enough of a real threat to Big Co. to make it worth their while to pursue you f) I wanted the job Yes, these documents are typically over-the-top in their requests, but in the end, many of them are not legally enforceable, especially in right-to-work states (like NC). IANAL and you should seek your own counsel on this, but weigh the risks. What are the chances that you are going to really invent the better mousetrap while employed by Big Co., and choose to pursue it commercially outside the confines of Big Co., and create enough of a problem for Big Co. that they'll pursue you after the fact. There are any number of mechanisms for legal protection after the fact to help reduce those risks. So you'll have to make your own decisions on this, but I've unfortunately stood by while brilliant but paranoid folks missed out on great opportunities because they gave too much creedence to the initial paperwork and agreements they had to sign. On the other hand, maybe they are just smarter than me... Shane O. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Alan Porter Sent: Wednesday, March 23, 2005 10:29 AM To: Triangle Linux Users Group discussion list Subject: Re: [TriLUG] legal question > Just type up a Clarification Addendum to the contract... This is a great suggestion. Remember that your approach in solving this conflict reflects on your ability to solve problems in general. Any confrontational response will definitely be a deal-breaker. Alan -- TriLUG mailing list : http://www.trilug.org/mailman/listinfo/trilug TriLUG Organizational FAQ : http://trilug.org/faq/ TriLUG Member Services FAQ : http://members.trilug.org/services_faq/ TriLUG PGP Keyring : http://trilug.org/~chrish/trilug.asc -- TriLUG mailing list : http://www.trilug.org/mailman/listinfo/trilug TriLUG Organizational FAQ : http://trilug.org/faq/ TriLUG Member Services FAQ : http://members.trilug.org/services_faq/ TriLUG PGP Keyring : http://trilug.org/~chrish/trilug.asc
