Abusive contracts

[gaf-mNDKBlG2WHs at public.gmane.org (Jerry Feldman)]

On 03/10/2011 07:50 PM, Richard Pieri wrote:
> On Mar 10, 2011, at 6:17 PM, Tom Metro wrote:
>> But the solution is to provide corrective feedback by not accepting
>> clauses that cross the line. Eventually they learn, and will adjust.
> No.  They'll just hire someone who's willing to sign.  It's no differen=
t from handing pagers to SAs and DBAs and calling it 24-hour coverage.  W=
hat happens if you tell an employer that you won't carry the pager?  He'l=
l hire someone who will.  Same thing.
>
>> I've rarely encountered a contract from a client that didn't require
>> modification.
> I've yet to see an employer budge on the termination terms.  Not saying=
 it doesn't happen, just saying that I've never seen it.
>
Years ago I worked for Church's Fried Chicken in San Antonio as their
Data Center Manager. For some reason, virtually no one in the department
had signed an employment contract. So, they decided that we all had to
sign an employment contract retroactively. Church's was somewhat
technically advanced in that they had a patented fryer design that
allowed them to keep the oil fresh longer than competitors.
Additionally, they had technology on how to marinate the chickens in a
solution and also a method to fry the chickens to seal the flavor into
the chicken without it becoming greasy. The employment contract was not
that bad, and would not prevent me from working anywhere except possibly
at Popeye's.

But, agreeing with Richard, I have modified some contract terms,
especially the non-compete clauses, especially after my friend got sued.

--=20
Jerry Feldman <gaf-mNDKBlG2WHs at public.gmane.org>
Boston Linux and Unix
PGP key id: 537C5846
PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB  CA3B 4607 4319 537C 5846



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