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http://bit.ly/2FJslbpblackfemalescientist:
jenniferrpovey:
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asryakino:
lyrslair:
catalystofthesoul:
So this is just a PSA, y'all should never sign a contract until you read it. Iām talking in rl right now. I just got through reading my employee handbook/service contract and my bosses slipped in a lot of bullshit like telling me I canāt complain about my job on social media, demanding I work off the clock in the name of good service, expects me to show up on time during inclimate weather, and considered disability or religious accommodation a direct threat to the company.
These are all things I took issue with and brought to my employer for further discussion before signing the contract. Most of my coworkers signed without reading, treating it like an internet terms of service contract.
Tl;dr real life is serious shit, lawyers write contracts to protect your employer FROM YOU, read contracts before you sign them - fucking ARGUE about contracts before you sign them
Also important to note, and something my bf has repeated to me many times: a contract is a negotiation until it is signed, and YOU ARE ALLOWED TO AMEND IT. Tech companies often put some bs in there aboutĀ āwe own everything you make while you work for usā which broadly applied also means anything done on your own time. He always ALWAYS does write-in amendments with initial and date to state that they only own things done FOR the company, on company time, because there have been companies that enforced that bullshit when somebody had a personal side project the company decided they wanted to steal. Thereās only one company that threw a fit at his attempts to amend it and he considered that a huge red flag and refused to sign, turned down the job.
Never. EVER. Sign shit without reading it. Also: if your prospective employer wonāt let you take the thing home to read before you sign it and says you need to sign it then and there THAT IS A RED FLAG. The job I had that turned out to be abusive as shit was like that. Every other job Iāve been able to bring the contract home to my parents to have a more experienced set of eyes on it. Itās also common practice in some fields to have oneās attorney look over it before signing. So never let them tell you that you canāt look over it with someone else. Thatās a fat load of shit. ForĀ ālower levelā jobs they may not accept amendments to the contract but if they wonāt even give you the proper time to read it over, theyāre trying to pull some bullshit on you and youāre going to regret it if you sign. Even if thereās nothing bad in what you signed itās an example of how they are going to treat you while youāre there. Take it to heart and run like fucking hell.
Please also tell your coworkers. Inform others. Tell everyone. Please, for the lovee of everything TELL PEOPLE THEY ARE ALLOWED TO DO THESE THINGS.
Companies BANK on the fact youāre not going to read it. Then they slip in shit likeĀ āyou canāt talk about your wagesā because they want you to keep quiet, so thy can pay that guy six bucks, and pay the guy over there fifteen and pay you eight. They want you to accept it all blindly. PLEASE DONāT STAY BLIND.
Yes, Iāve lost out on jobs because I wanted to read it and they didnāt want me to. Or they wanted m to resign and I said no to to the things they added that I pointed out were unfair and borderline illegal.Ā
Read shit. Tell everyone else to read shit. BE INFORMED.Ā
Absolutely 100% good advice āš¼āš¼āš¼
Never ever ever sign shit without reading and re-reading it! Take it home, show it to someone more experienced, if you can, show it to a lawyer. A contract is supposed to work for both sides. A company in Toronto tried to make me sign a contract with clause that in event of me leaving the job I will not work in a similar position anywhere in Ontario. Yeah, right, not enforceable in court, dudes, you canāt prevent me from making a living. Read the shit and donāt let them intimidate you.Ā
The last thing - with stuff being unenforceable by law - is also important! Itās important not to be overawed by the power of the company or other entity.
Also, some liability disclaimers are paper thin once lawyers become involved.
Hell, Target pulls the āwe own everything you makeā bull on seasonal workers.Ā Itās very common.
And companies will sue for breach of contract over it.
This also goes for freelance contracts.
I once had a company slide into their NDA, before we had even discussed compensation, that anything I wrote that wasĀ āsimilarā to what Iād be working on for them belonged to them. It was so broadly worded, that anythingĀ I wrote with a contemporary setting would belong to these peopleā¦including the web serial I was writing and publishing at the time. Full rights.
I told them I could not sign it as stands and attempted to open negotiations.
I never heard from them again. I strongly feel I dodged a bullet.
Never, ever sign a non-compete clause unless it is extremely narrow.Ā āDonāt take our stuff and sell itā is fine.
āWe own everything you makeā is not fine.
I also had a temp employer try to do a milder version, which wasĀ āAnything you write during your commute.ā Uh, right. You going to pay me for my commute time then. I refused to sign and did not get the job.
Unless you are literally at theĀ āCanāt pay my rent/food billā point? It is better not to get the job or gig than to be locked into an aggressive non-compete.
With the legally-required disclaimer that Iām not a lawyer, watch for these in publication contracts and NDAs:
Overly broad non-competes.Ā āPlease donāt self publish a book the same month weāre releasing your bookā is fine and only good manners.Ā āYou arenāt allowed to self publish for the life of this contractā is a red flag.
On the same note, overly broad first refusal clauses. Donāt sign with a publisher who insists that they have to have first refusal on every single book you write for the length of the contract. Often they will sit on your books for months, even if they donāt publish that genre. However, it is always polite to give first refusal on sequels and other books set in the same world.
Life of copyright clauses. For the love of little puppies and kittens: Never. Sign. A. Life. Of. Copyright. Contract. (Work for hire is obviously a different situation. Iām talking for original work here). Contracts should have a specified term in years, after which your rights automaticallyĀ revert if you donāt renegotiate. Automatically. You shouldnāt have to request them.
Signing over rights the publisher doesnāt intend to exercise. Donāt sign over audio rights unless the publisher has a solid record of producing audio books (if they do Ā have a solid record of it then doĀ give them audio rights and make them pay the production costs). Donāt sign over movie rights to a book publisher! Yes, I have seen this. The publisher was Curiosity Quill. They have since imploded. If a publisher is e-only ask about splitting off the print rights.
For work for hire contracts, then you are signing over all the rights in the contract. (Editing contracts are always work for hire). An NDA is standardĀ and donāt be afraid to sign one even if theyāre scary, just make sure they donāt hide anything nasty in it. A standard NDA should boil down toĀ āPlease donāt share the files with anyone and please donāt talk about the project publicly without our permission.ā I personally treat every project as under an NDA even if I havenāt signed oneā¦youāll see me talk occasionally aboutĀ āThis project I canāt talk about is taking up my time.ā That means Iām either under an NDA or I should be if the publisher had any sense.
TheĀ āoppositeā of an NDA is a required publicity clause. Be careful of these: Make sure you arenāt responsible for the results. Usually they arenāt too onerous, though. Itās more likeĀ āWould you please share the kickstarter with all of your Facebook friends.ā I also had one which required me to post the release of the anthology to my blog. Usually theyāre no big deal, but watch out for pressure being put on you to do a ton of marketing on a small thing like a short story. It can take you away from marketing stuff which really needs it.
Tl;dr:
Donāt sign broad non-competes. Ever. Under any circumstances.
Donāt sign away the rights to something a company canāt use/exercise.
Donāt be afraid to negotiate.
Donāt be afraid to walk away (unless, again, you would end up on the street/without health insurance/etc).
Make sure you double check the numbers. My pay is standardized by the federal government, and every year I get a cost of living adjustment, in addition to a small raise. In my latest contract, the university used old numbers, stiffing me what would have been about 2K over the year. Donāt sign contracts you havenāt read.
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