Live data from Hacker News

Contracts you should never sign

vadimkravcenko.com

161–170 of 284 posts

Re: Contracts you should never sign

#161
post #21

Also verify that anything you're signing when you leave matches what you signed when you were hired. I recently left a company where, when I was hired, I had agreed in "Appendix C" not to recruit any of their employees away from them for a period of 12 months after separation. When I actually separated after more than two years, the "Appendix C" they wanted me to sign and presented as the one I had agreed to at hire…

Since when do you sign anything when you leave a job?

Weird.

Re: Contracts you should never sign

#162
post #148

Treat contract negotiation as a trial run for your future relationship: Do they try to slip nasty stuff in there? Do they do stupid shit? Do they refuse to answer questions clearly? Is it a hassle trying to get them to make modifications? Are things vague, open to too much interpretation, or missing key information? How someone behaves during contract negotiations is an indicator of how they'll behave generally. If y…

Exactly! It has gotten to the point where I take any contract put in front of me as a statement of how the other party does business. If they contract is all one-sided to their benefit and/or has crazy escape hatches for them and/or penalties for my side, it's best to just walk away, even if it costs a lot. I've tried to negotiate such clauses into something reasonable, and it is just a waste of time. They've told yo…

What? Every click wrap agreement online is very one sided. You think you're saving yourself trouble by not using any online software?

Re: Contracts you should never sign

#163

Earlier quoted context omitted.

(also worth taking into account whether clauses like an absurd non-compete are even enforceable...)

It is dishonorable to sign an agreement knowing you won't adhere to your end because it's unenforceable. After all, we make promises all the time that are unenforceable, but we keep them.

[dead]

Re: Contracts you should never sign

#164

Earlier quoted context omitted.

Normally I 100% agree and this is, to me, one of the most important things that separates comments that are constructive from ones that are unfocused and all over the map. A lot of my own comment history is me making that same criticism. But in this case, I think they are identifying an implication of "not making generalities" which I find to be perfectly appropriate. It reminds me of the robolending scandal, and how…

Such a point could be made directly and respectfully, and without the sneering sarcasm. Engaging with such content rather than rejecting that behavior out of hand rewards it and demonstrates both to the poster and to any onlookers that lowering the level of discussion is welcome here.

I get that you don't like sarcasm (disagree, but to each his own), but how is the comment that I replied to more "respectful"? They dismissed out of hand the entire intellectual exercise of the original post because it doesn't jibe with their ideal of perfectly informed employees making optimal contracts with their employers.

I found their tone quite sneering and flippant, and so I parodied it (pretty mildly, I might add, the implications are right there in the comment I replied to).

Re: Contracts you should never sign

#165
Is it worth drawing up a standard rider for employment agreements? Stuff like “I own stuff that I create on my own time and with my own equipment” would be in there along with voiding non-compete clauses. Also, adding protections to minimum time off per year in the face of companies doing the “unlimited PTO” trick.

Then it becomes an exchange of paper rather than sitting there with a highlighter handing it back and forth between, you, the recruiter, HR, and legal. I sign your contract, you sign my rider with everything I care about.

Re: Contracts you should never sign

#166

Earlier quoted context omitted.

Your having honor is not conditional on others having honor.

There is no honor is dying on an ER stretcher. For anyone in the US who needs regular healthcare beyond what's provided by Medicaid, the labor market is a war for (literal) survival. If the ownership class didn't want to return to an extremely adversarial relationship with labor, then they shouldn't have gutted the social safety net. And no, I'm not going to show my hand in an imperfect information game... it would b…

Right on, stick it to the man

Re: Contracts you should never sign

#167
From the article:

> To be honest, I always assume good faith from people who offer me to sign some documents

Sure. And most people asking you to sign documents are doing so in good faith. But the contents of the documents themselves overwhelmingly bias toward the interests of the organization who wrote the contract.

Additionally, while the party asking you to sign may be doing it in good faith, they may not be the ones who end up pursuing enforcement. A contract should be evaluated based on its contents and never based on your trust of the individuals you are negotiating with.

Re: Contracts you should never sign

#168
post #148

Earlier quoted context omitted.

Exactly! It has gotten to the point where I take any contract put in front of me as a statement of how the other party does business. If they contract is all one-sided to their benefit and/or has crazy escape hatches for them and/or penalties for my side, it's best to just walk away, even if it costs a lot. I've tried to negotiate such clauses into something reasonable, and it is just a waste of time. They've told yo…

What? Every click wrap agreement online is very one sided. You think you're saving yourself trouble by not using any online software?

They are still right about EULAs. The terms and style of negotiation are "we do what we want and change things when we feel like it, and you check accept or stop using the software," and guess what that implies about using the software - they do what they want and change stuff when they feel like it and you accept it or stop using the software.

Contrast that to the open source pattern of making the license a header in the source files. You interact with the license by making common sense assumptions unless you need to know a detail, in which case you open a source file. Likewise you interact with the software by running on common assumptions unless you need to know a detail, in which case you open a source file.

Re: Contracts you should never sign

#169

Earlier quoted context omitted.

(also worth taking into account whether clauses like an absurd non-compete are even enforceable...)

It is dishonorable to sign an agreement knowing you won't adhere to your end because it's unenforceable. After all, we make promises all the time that are unenforceable, but we keep them.

Dishonorable? I don't think so. They're the ones trying to trick employees into immoral and illegal obligations. They only have themselves to blame if it blows up in their faces. They played the game and they lost.

Re: Contracts you should never sign

#170
post #46
post #26

> Anything you do with the company property, e.g., work computer, automatically belongs to the company, even if you do it on the weekends. That doesn't sound unacceptable to me. It's not that I'm that strict about e.g. reading personal emails etc. on my work computer, but if it's some side hustle, be it for money or for fun, I think it's honest to take your personal machine for that.

So now I have to lug around two of everything (laptop, phone etc) just because I might want to do something unrelated to work? It is completely unreasonable as a blanket statement.

If your company ever ends up in legal hot water, you’ll be glad you kept a physical separation between your personal affairs and work equipment. See for example the Enron emails, which were made public as part of discovery and include thousands of personal emails from people who used their work email as personal email.
Post reply on HN