{"id":2029,"date":"2008-04-12T14:46:26","date_gmt":"2008-04-12T21:46:26","guid":{"rendered":"http:\/\/www.sheer.us\/wordpress\/?p=2029"},"modified":"2008-04-12T14:46:26","modified_gmt":"2008-04-12T21:46:26","slug":"contract-bs-rant-probably-worth-ignoring","status":"publish","type":"post","link":"http:\/\/www.sheer.us\/weblogs\/uncategorized\/contract-bs-rant-probably-worth-ignoring","title":{"rendered":"Contract BS (rant, probably worth ignoring)"},"content":{"rendered":"<p>Recently I started working for a new client &#8211; no names &#8211; who needed me on a emergancy basis. After the emergancy was mostly over, they indicated a interest in continuing to employ me and presented me with their contractor service agreement.<\/p>\n<p>I can&#8217;t remember exactly how it was worded, but the clause that got me angry was basically that anything I invent or create while I&#8217;m working for them &#8211; and the way it was worded it read to me as if it was in the time duration that I was working for them &#8211; was their property. Now, I&#8217;m fine with cedeing everything I create while I&#8217;m &#8216;on the clock&#8217; to my employer &#8211; after all, that&#8217;s part of what they buy when they rent time on the supercomputer array named Sheer. But the idea that anyone would try to slip over that they should own everything I create when I&#8217;m *off the clock*..<\/p>\n<p>I&#8217;m angry about it. Fortunately, I don&#8217;t actually need the job &#8211; it would be fun, and there&#8217;s lots of smart people there, but I do have more than enough work. So I sent back the contract with the bits that I couldn&#8217;t deal with highlighted in yellow and a note explaining why I couldn&#8217;t sign it. I don&#8217;t know what they&#8217;ll do about it..<\/p>\n<p>.. but I&#8217;m still upset.<\/p>\n<p>Now, sometime around OnAir I started reading everything that got put in front of me to sign. Prior to that I signed without reading, just assuming the organizations were trustworthy. This is only the second time that someone has tried to put something in a contract that I was supposed to sign that&#8217;s made me actively angry.<\/p>\n<p>Once I was angry, there were a couple of other clauses they wanted me to agree with that I didn&#8217;t &#8211; one was that in the event of any legal activity, the loser would be responsable for all court costs. I&#8217;m sure they could get that written into the lawsuit, but I&#8217;m not about to help them by agreeing to it up front &#8211; especially since I already have had my trust in the organization seriously damaged by the attempt to weasel-word in that they own all my ideas.<\/p>\n<p>The other one that annoyed me was that they wanted me to have certain amounts of insurance coverage. Maybe if I charged a bit more &#8211; but at my rates, if you want insurance for me, you buy it yourself.<\/p>\n<p>I think that the document they tried to get me to sign illustrates what&#8217;s wrong with<\/p>\n<p>a) Money &#8211; essentually, this contract was written to protect the bottom line of company A, <em>at noticable cost to humanity as a whole<\/em>. How much time would I have to spend emailing them every significant idea I have? I don&#8217;t know about you guys, but I have at least one neat idea a day (see my next post for my neat idea from yesterday). Most of them just get tossed, some of them get mentally bookmarked for further study, and a few of them actually get acted upon.\u00a0 Company A was concerned that I might have a neat idea worth signfiicant numbers of dollars, and was willing to waste my time &#8211; and theirs &#8211; to make sure that those dollars if they actually happened went into their pockets<br \/>\nb) Corperations &#8211; in essence, company A did something dumb. They probably see it the other way around &#8211; they are the center of the universe and I should be salivating all over myself wanting to work for them because of their deep pockets and fast equipment and whatnot. However, from my viewpoint, they&#8217;ve damaged their credibility and if they can&#8217;t come to terms with my rejection of their contract, they will lose my services. Perhaps it&#8217;s egotistical of me, but I&#8217;m coming to think that my services are in fact rather useful and valuable and that there are not a inifinate number of Sheers running around.<\/p>\n<p>Essentually, the problem I see is that companies forget that <em>they exist for the convenience of their employees and customers<\/em>, NOT the other way around. I&#8217;ve said it before and I&#8217;ll say it again &#8211; the proper order of operations, in terms of who you make happy in a company, is 1) Customers 2) Employees &#8211; starting at the bottom and working up 3) Stockholders. In my opinion, in a properly run company even the janitors think &#8220;This is MY company. I&#8217;m proud to work here, I&#8217;m happy with what we do, and I trust us to treat the customers and ourselves right.&#8221;<\/p>\n<p>I know that I&#8217;m full of what some have referred to as &#8216;pointless idealism&#8217;. I think I prefer it that way.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Recently I started working for a new client &#8211; no names &#8211; who needed me on a emergancy basis. After the emergancy was mostly over, they indicated a interest in continuing to employ me and presented me with their contractor service agreement. I can&#8217;t remember exactly how it was worded, but the clause that got [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/posts\/2029"}],"collection":[{"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/comments?post=2029"}],"version-history":[{"count":0,"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/posts\/2029\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/media?parent=2029"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/categories?post=2029"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.sheer.us\/weblogs\/wp-json\/wp\/v2\/tags?post=2029"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}