Re: work contracts inquiry

Shadrach,

Gee, is there a clause in there that says "We own your brain"?

If they are only "asking", then just say "no".  If they aren't really asking,
then you have to determine whether it's worth it to stay.  You don't really
say whether you actually do any creative after-hours work, so it's hard to
say.  I've got a couple things that need finishing touches, but I've kept all
the development on timeshare AS/400s.  The company I just recently hired into
had no such language in any document I signed, not even any no-compete stuff.
My previous employer, a contractor / consulting house, had us sign only that
we would not do any work for any of the employer's current clients for the six
months after separation.

I sorta, kinda understand why companies do this.  I think it stinks from a
personal standpoint.  It's a global-CYA.  "We're not really interested in that
pinball game you write for Palm Pilot, but anything that even remotely touches
what we, as a business, do is ours."  And, so, yes, your expense tracker idea
might be one of those things they'd like to call their own.  It's easier for
them to say "everything you do, think of, talk about, is ours" than to be
specific and spell out the details in a long, drawn out document whose
interpretation could be subject to someone else's opinion if there was ever a
lawsuit involved.

If they're not really "asking", perhaps you can "counteroffer" and get them to
narrow the wording more reasonably.

Dan Bale
IT - AS/400
Handleman Company
248-362-4400  Ext. 4952


---------------- Original Message ----------------
I work for a small firm and just a few months ago we merged with a couple of
 other companies. The new parent company is coming to us and 'asking' us to
 sign this very detailed no competition contract. The original company had a
 simple contract that seemed very reasonable to me that requested that we did
 not sell services on the side to the companies customers during and for a
 year after employment.

The new contract contains that same type of language plus a portion labeled
 inventions; That basically says if you create anything, even on your own time
 during employment and for 6 months after employment the rights to that
 invention belongs to them. Which basically I am understanding to say, if I
 create a palm pilot app to keep track of expense reports on the side I am
 obligated to send the code to them and they have the right to sell or
 distribute the app. Is this practice common in the computer industry? The
 contract states that even if you have an idea that may be paten-able you are
 to put it in writing and submit it to the company.

This policy seems kind of harsh and I even feel discouraged to play or even
 dream on my own time and learn new tools, because if I create a  little new
 app I don't really own it or if I want to go into business for my self I
 can't do it with a new idea because that would belong to them.

Shadrach
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