[TriLUG] Re: legal question

Craig Cook craig at cookitservices.com
Wed Mar 23 12:49:16 EST 2005


I discussed a similar situation with a recruiter in 2000.  It was a "blue" 
company that basically had contracts stating the same thing, anything you do 
for us now is ours, as well as anything you produce for the next 10 years even 
if you don't work for us.

The answer is simply to negotiate.  You have negotiating power at the moment.

I have never signed a contract without reading it first, and making 
alterations if needed.  The most common thing I find is the termination 
clause.  We can terminate you without notice, but you have to give us 4 weeks. 
  That is not fair, and I always get it changed.  Either we both give no 
notice, or both give 4 weeks.  I have never had to use that clause, but it is 
the principal that annoys me.  I know the US has "employment at will", so it 
does not really matter here, it's an example.

So, with the above blue company, you had to go over the contact closely and 
alter every clause you didn't like.  Your recruiter should be willing to help 
you with this, they have an interest in placing you.

If you are the last candidate standing, they are interested in you and your 
skills, they will be willing to work with you.  If they refuse to change 
anything they are not worth working for.

I would question taking legal action though.  Like someone else said, its not 
a good way to start a long term relationship.

Of course, you need to be wary of signing future contracts when pay rasies happen/employment conditions change...

Good luck,

Craig Cook
--
Systems Monitoring Consulting and Support Services
http://www.cookitservices.com




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