Daily Discussion Thread: Wed 20 Sep 2023
Daily Discussion Thread: Wed 20 Sep 2023
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...Have any of you gotten an employment lawyer to run through a contract before signing? I've finally got my short term one for this project I'm meant to do, but it's both incredibly vague about my responsibilities as well as incredibly broad about IP created in my own time (anything that "relates" to the business?? what does that mean exactly?)
I'm wondering whether it's worth it since they are a small business that probably won't have the resources to really lawyer up and fight (and would ruin their reputation in the process if they really did). But they have been really hard to trust lately. It just doesn't sit right with me.
Trust your gut feel. This doesn't sound right at all. For a short term contract, you need to know that they have thought out exactly what they expect from you in the time available. And it doesn't seem that this has happened.
I'm especially sus about how they might define whether what I create during the period of employment, in my own personal time, on my own hardware/software, is relevant to the business operations and therefore they can lay claim on it. When my tasks are so vague.
I get that IP clauses are not uncommon (although not present in my previous contracts!) - but the way they've worded this really grinds my gears because (a) they rely extensively on open source software and have never spent a red cent contributing to it, and (b) a good part of the solutions I've come up with for the business have been based off publicly available code and answers on stackexchange, github and the like - from people helping each other out on their own time (Much of that extra research being shit I've learned on my own time as well)
Now they want to turn around and potentially stop me from giving back to those same communities? Grrr.
I agree with Bacon - lotsa red flags flapping here. A lawyer sounds like a worthwhile investment. If only to clarify exactly what the contract is specifying. There are directories for finding a suitable lawyer, and the Law Institute of Victoria is one of the better ones.
Thank you both. After running it past a few friends and family members they agree it's worth getting it looked at professionally. I'd be prepared to just walk away now if it weren't for the fact that I'd like to help my colleagues, but if the contract is sus and there's too much involved to get it ironed out then I'll walk anyway.
IP created in my own time
We are a company that sells pet food. Any and all animal or food art you have ever created and will create belong to us.
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Fully agree.
I think the question is more of it's worth the money for a lawyer. You'll probably pay $400 at least. If this contract ain't worth the expense of the review it might be worth proposing an alteration yourself.
I might just start with suggesting alterations but I suspect I might not get a straight answer out of our hideously incompetent business mgr (this contract was sent through as late as possible!) I feel like I'd benefit from professional opinion just do a once over and say 'eh this is OK with a few tweaks' vs 'this needs major changes', to back up my position (or help me decide to just bail).
$400 is definitely going to sting, but I don't want this to impact what I want to do after I leave... Maybe I should just look for another job.