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Fired? Speak No Evil

nytimes.com

111–120 of 378 posts

Re: Fired? Speak No Evil

#111

Earlier quoted context omitted.

Actually, legally, they cannot say anything more than "He worked here from X to Y, that's all we can say". You don't need any agreement from them.

What would be the purpose of reference checks then?

to verify that you actually worked there. they can also verify that what you put on your resume was your role. Eg I can't really get away with "CEO of Microsoft" from my time as a janitor there.

Re: Fired? Speak No Evil

#113
post #106

And I was soon informed that the president wished to assure me that there is nothing unusual about such clauses Whoop whoop whoop! This sets off giant alarm bells in my head. It might be totally normal. That doesn't mean you should sign it. It's also an older-than-dirt salesman tactic to say that something you just made up is "totally common." Of course, the company can attach whatever clauses it wants to a separatio…

I'll tell other engineers that two weeks' salary is a piddly amount for the company for you to surrender such rights So it isn't worth just moving on with your career for, say, $3k (assuming a moderate $80k/yr salary)? Seems like Internet bravado to me. I click okay on all sorts of terms of use agreements for my PS3 just to play some games.

Will wasn't writing about "agreements", he was explicitly making the point that for him it is indeed not worth $3k to agree to lower his ethical standards. He was writing about the non-disparagement clause, not the contract. Maybe you didnt't read it carefully, like you didnt read your PS3 EULA, because most software EULAs, including the ones from Sony, do not have non-disparagement clauses. Employment contracts have also enjoyed a lot of time and exercise in court, and have been routinely enforced. software EULAs have not, and are widely considered unenforcable. So, your analogy doesn't really work.

Re: Fired? Speak No Evil

#114

Earlier quoted context omitted.

Name another reason that doesn't fall under those nine. I'm honestly not trying to argue, just asking. There aren't really that many reasons why people leave. People leave because they aren't happy or aren't getting paid enough or they have a personal situation that dictates it. There are really just 3 reasons but I elaborated because I expected people to start chiming in with all of the reasons I missed.

Just won the lottery Close relative has received a terminal diagnosis Believed their horrorscope Got pregnant Saved enough money to retire to Thailand Spouse has had an affair with a co-worker (Trust aside this is still a good reason)

Most of these fall under:

> They can get a better deal (non-monetary) elsewhere

Just won the lottery, close relative received terminal diagnosis, got pregnant, believed their horoscope, saved enough to retire - these are all cases where someone believes they can get more value for themselves by leaving their job.

Spouse has had an affair with a co-worker probably goes under "not happy with the culture"...

Re: Fired? Speak No Evil

#115
I was laid off in a big layoff round on Monday. Apparently the only reasons I got caught in it were because it's a public company and because I've been employed too long and my benefits cost too much.

Whatever, I got several weeks of severance and signed. I feel shitty about it but I need the money.

I can't believe how many people have been fired this week. My twitter feed is filled with them.

Re: Fired? Speak No Evil

#116

I wouldn't sign that any more than I'd sign a contract that gave the company everything that I produce in my own time. Both are attempts by the corporation to dissolve my agency as a human being. The only right answer is no.

I actually would sign that contract if the terms were good. For instance, suppose a company said "we're actually just interested in hiring really smart people and largely letting them pursue good ideas. Just keep us posted on what you're working on, and what business value it might bring. We will pay you a large, stable salary, and we also provide a very substantial share of the profits to the innovator". Under terms like that, I can see how a company would be kind of peeved if an engineer said, oh, my good ideas were the ones I had and worked on at home.

BTW, this is an unusual hypothetical, and not really what you're talking about here. What you're mentioning is the sort of "you're a coder for us, we will give you projects, you will need to complete them, we expect you to work on them 40+ hours a week, and oh, also, we own all other tech related projects that you might happen to do while you are employed by us".

I fully recognize that the #2 is far more common than #1.

Re: Fired? Speak No Evil

#118

And I was soon informed that the president wished to assure me that there is nothing unusual about such clauses Whoop whoop whoop! This sets off giant alarm bells in my head. It might be totally normal. That doesn't mean you should sign it. It's also an older-than-dirt salesman tactic to say that something you just made up is "totally common." Of course, the company can attach whatever clauses it wants to a separatio…

IANAL, but is that clause even enforceable if tied to severance? Seems like a reasonable argument could be made that signing such a clause when tied to severance negotiations would fall under "duress" from a legal standpoint.

Re: Fired? Speak No Evil

#119
post #113
post #106

Earlier quoted context omitted.

I'll tell other engineers that two weeks' salary is a piddly amount for the company for you to surrender such rights So it isn't worth just moving on with your career for, say, $3k (assuming a moderate $80k/yr salary)? Seems like Internet bravado to me. I click okay on all sorts of terms of use agreements for my PS3 just to play some games.

Will wasn't writing about "agreements", he was explicitly making the point that for him it is indeed not worth $3k to agree to lower his ethical standards. He was writing about the non-disparagement clause, not the contract. Maybe you didnt't read it carefully, like you didnt read your PS3 EULA, because most software EULAs, including the ones from Sony, do not have non-disparagement clauses. Employment contracts have…

Maybe you didnt't read it carefully

You're accusing me of not reading something carefully when you're not considering the context of the quote to which I was responding -- which was specifically talking about the previous poster's advice to PROGRAMMERS?

and are widely considered unenforcable

Unless I was planning to really go after my ex-employer as some kind of vendetta, I wouldn't worry about a Non-disparagement agreement's enforceability. They're no more of a worry than non-compete agreements.

Re: Fired? Speak No Evil

#120

Earlier quoted context omitted.

Such contracts ("produced on own-time belongs to company") are common at large software companies. If you are in California, such a contract may not hold water. Any one have experience with a big co (outside Cali) where they were able to negotiate this clause away?

I've never agreed to these since graduating university. One time someone tried to get me to sign that anything I invented for the next 3 years that was related would be their property. I've found three good pushback techniques: 1. "My [insert family member] is a lawyer and I haven't seen this clause before, so I'm going to get her to read over the agreement." Next day I just say that they won't let me sign it. Why ma…

Those are good techniques. What's the third one?
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