And it's just frustrating as they try to block it for as long as possibe even if you're not doing IT in your private little business.
And it's just frustrating as they try to block it for as long as possibe even if you're not doing IT in your private little business.
1. Would IBM be able to enforce the original contract as it was outlined when they sent it to him? Would he be liable to fraud or other similar charges (for instance if he altered the contract after IBM representative added their signature)?
2. Or would the altered contract stand up in court?
It is a point of amusement to me to see that the receptionist is extremely uncomfortable agreeing to the terms I have come up with in the last five minutes. They don't think it is reasonable for me to expect them to execute the altered contract without consulting attorneys. I point out that five minutes ago they asked me to sign a contract without consulting a legal expert. Their multi-page contract had been painstakingly drafted by a team of expensive lawyers and meticulously tweaked over years. Yet they gave me mere seconds to read it, understand it, and sign it under duress of not receiving medical attention. If they balk at the contract I hand back to them, how can they expect me not to balk at the original contract?
On the other hand, if they refuse to provide medical care because I wouldn't sign away my rights to any photographs that might be submitted to medical journals, they had better be very confident in their lawyers.
Banks, rental agencies, repair shops, etc., on the other hand, can safely refuse my revised contract. Most don't glance at them when I hand them back.
The new contract can be something we collaborate on. Them, their lawyers, me, my lawyers, the whole happy family. We can take four or five years to do that. I'll pay them when we sort it all out.
Or... they can accept my thanks for sewing my toe back on and bill my insurance.
Either way, we are on much more equal ground after the fact.
The protagonist took the threat very seriously (as he should have) and in a later interview to banki.ru (i.e. banks.ru) said that he was fleeing the country to a destination he preferred to keep secret. Reason being the precise "4 years" that was used. Not 2, not 3, not 5. Meaning that the CEO had already made "arrangements".
Then 2 days later there was an article that both him and the bank have reached a peaceful resolution and were recalling all mutual lawsuits.
Essentially: if IBM wants you thrown in jail, you will be thrown in jail for this. Have fun in court.
I am pretty sure this is the standard practice at all large companies, at least in the US. Small companies may just not care too much, but even at a small company if your management notices you might have to choose between that and your day coding. I wish it was not like this, but to me this is at least somewhat justifiable.
Much worse is the desire of most employers to control everything you do, including your work on open source project off hours. Want to fix coordinate computation for an open source satellite sim? Call the lawyers first. Lead a robotics club at a high school? Check with the management. IMO many employees do it anyway and hope to not get called on this, but this is formally going against the contract.
For game related things you could list them as existing inventions when joining. So you can carve out exceptions. Which is common with game companies.
I would never agree to those terms and strike them out. That's ridiculous.
Focus is a big deal. Doesn't make it right but it's the only business justification I've ever heard that actually seemed legit.
At the same time, there should be an expectation of compensation to give something like that up.