I've had that, asked them to fix the clause and they verbally agreed but wouldn't do it on paper. Its not legal but the bigger issue is they had decided to make the contract follow the law from a different province and this would basically force me to fight them in a court in that province, to much time and money involved in that so basically after soem back and forth they decided to pass on the offer. Also having a foreign government backing them made me even more cautious about the offer.
I emailed the company to find out if I can get it in writing as I did get a verbal confirmation that it would not effect my hobby's or things I may make when not at work with them. As much as I hate turning down employment I have to say that its a big thorn in my side having to agree to something like that not knowing for sure that my projects and things I make are mine. I don't mind giving them away to the communities, but not to have a company own them.
I emailed the company to find out if I can get it in writing as I did get a verbal confirmation that it would not effect my hobby's or things I may make when not at work with them. As much as I hate turning down employment I have to say that its a big thorn in my side having to agree to something like that not knowing for sure that my projects and things I make are mine. I don't mind giving them away to the communities, but not to have a company own them.
These blanket "own all IP" and "do not compete" clauses in employment contracts are obviously intended to protect the company from harm, and of course there are lots of ways a company could get harmed. The really sad part of it all is that the lawyers don't seem to realize it is desirable employees with high integrity that refuse to sign up to something they cannot live up to. Companies end up losing good employees by putting overly restrictive and unenforceable clauses in employment contracts. It is ironic that these clauses suggest companies are looking for uncreative and/or unethical employees. But of course they aren't, so common sense usually prevails, even though it leaves a bad taste in everyone's mouth.
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