Re: "Prior Inventions" on employment contract -- MIDRANGE-L

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get a lawyer.  This is smacking of extortion.  I missed the part about this
being a temporary job anyway..  This is sounding like your current employer
intends to extort the client.  Very bad, very bad.



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Booth Martin   http://www.MartinVT.com
Booth@MartinVT.com
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-------Original Message-------

From: midrange-l@midrange.com
Date: Tuesday, December 10, 2002 02:46:49 PM
To: midrange-l@midrange.com
Subject: Re: "Prior Inventions" on employment contract

Nathan, I can't even get my employer to modify just one word of this
contract. Let alone the two of us working together to create one.

In a previous employment situation, I was given a non-compete agreement
to sign after I started working. I took it home to look over, and it
was a classic. Like, "any one we've ever talked to or hope to talk to,
whether they exist or not..." crap. I ignored it and never brought it
up. They never bothered me about it.

This employer is not letting me ignore this one. If they threaten me,
then I will give them an Exhibit "B" (Prior Inventions) of the likes
that they've never seen before. Fact 1: I am not in a position where
I can walk away from this job. Fact 2: I would just as soon leave all
my utilities off the client's system while I belong to my employer.
I'm scheduled to be hired by the client in a few months anyway, so it
would not be a great loss. I may even mention it to the client and say
that I'm hamstrung by the employer, can't use these tools that help me
do my job better and faster, so I'll just have to plod along. That has
a high potential to backfire, though, so if it comes right down to it,
I'll probably just go without my utilities for the next few months.

- Dan

--- "Nathan M. Andelin" <nandelin@RELATIONAL-DATA.COM> wrote:
> One sided contracts are not "agreements", they're policies. My

> advise would

> be rewrite the contract to be more balanced. The best contracts are

> those

> that consider the needs of the employee as well as the employer.

>

> For example, consider terms that would protect your interest in any

> of your

> creations - whether they be developed before, during, or after

> employment.

> You might be surprised at how reasonable an employer can be.

>

> Just ask for what you need. For example, I personally don't do

> "works made

> for hire" - which give all intellectual property rights to the other

> guy.

>

> Nathan M. Andelin

> www.relational-data.com


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