in reply to Re^2: MOD PARENT UP
in thread How do you show off your work to prospective clients?

Chicken and egg here. It is really hard to renegotiate an existing employment contract. So you need to find a new job to negotiate one. But you want to have a different employment contract to make it easier to find said job. See the catch?

That said, most employers will not actually bother to negotiate with you. Many people just strike a bunch of crap out, sign, turn that in and hear nothing then think that they have negotiated. Unfortunately nothing makes the employer sign to that revision. So now you don't actually have an employment contract. Guess what? That means you fall under the default rules, which means in New York that a professional employee who is a programmer who writes programs in personal time on a personal machine is creating works for hire that belong to the employer. Congratulations on your great negotiating strategy. It earned you..nothing.

While negotiating can work, it is a lot more risky and a lot more work than having the good luck to live somewhere with saner rules.

Replies are listed 'Best First'.
Re^4: MOD PARENT UP
by DrHyde (Prior) on May 14, 2009 at 10:47 UTC
    At least in the UK (and yes, I have checked this with a lawyer) when I altered the contract before accepting a job, their paying me is deemed to be acceptance of my changes. I am surprised that the same doesn't apply in other common-law jurisdictions.
      I admittedly haven't specifically checked this with a lawyer. My comment was based on a discussion with a former boss, but I cannot verify that it is correct.

      However when I think through the principles of what makes a contract under common-law, it does make sense that payment would constitute agreement to the contract.