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by blister 3424 days ago
Either they're bluffing completely or you're extremely junior.

We often spend $10k-$30k on each new hire. If you make it through that pipeline and they try to strong-arm you on the first day... they're going to have a rough time.

3 comments

I don't think they were bluffing but I was not going to roll the dice and find out. Not a junior level guy either. I think these places that actually let you negotiate your employment contract must be relatively few, very small companies, with one HR person and lawyer and a lot less formality.

EDIT: Also, to be cynical: $30k is nothing for many companies, and likely less than the benefit of having IP rights to everything an employee makes in their spare time.

No, for senior people I almost always expect a strange contract negotiation. Juniors just sign.
Maybe they are bluffing, maybe they are not.

If you are willing to lose your job, I applaud anyone who does this fight. But lots of people are not able to do the same fight.

What does work is demanding to see the employment contract before joining the company. They can present you with a different contract on day one, but contract law requires a meeting of minds, and if they snuck a new clause in without calling it out, there wasn't a meeting of minds.

Don't look for jobs when you're desperate. Look for jobs while you're happy and comfortable in your current position.

It's like investing. Don't buy while the market is going up. Buy after a crash. Buy when the deck is stacked in your favor.

I (mostly) only ever actively look for positions when I'm comfortable in my current position. If a new employer really wants me, they'll bend over backwards to get me. I recommend everyone do the same.

Sometimes you may not have that leverage. In those situations, absolutely take whatever job you have to take to keep your house and keep the electricity flowing. But don't stop looking for a better job.

You are literally the only person on the planet that is going to look out for your best interests. The difference beteween a 100,000 and a 110,000 salary over 30 years is freaking $300,000 (not even counting for investment potential). Maximize your career for yourself.

They might be bluffing. But considering you've just left your old job, most people are not willing to take that chance.
This is why everyone should demand to see the IP agreement during negotiation.
This is why they should be outright banned.
Employers need to be able to make sure they own the code you write for them. Otherwise nothing works.