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Old 11-15-2005, 02:46 PM   #1
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any lawyers on here?

i have a contract with my employer, its something my boss drew up and im starting to wonder if anything in the contract is in violation of any laws, or if the contract is even valid on certain things. i was hoping someone here might be able to look at it and spot any obvious BS. PM me if you can, i would totally appreciate it!
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Old 11-15-2005, 02:48 PM   #2
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Old 11-15-2005, 03:17 PM   #3
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You could possibly PM a nice message to Lil Squid and maybe she will point you in the right direction.
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Old 11-16-2005, 05:01 AM   #4
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Old 11-16-2005, 07:24 AM   #5
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Employees in the USA are divided into two classes:
at-will employees
just-cause employees

An at-will employee in the USA can be terminated at any time, and for any reason or no reason at all and the courts will generally not intervene to protect the ex-employee from allegedly unfair treatment by the employer.

Just cause employees can be dismissed from employment only for a good reason, such as poor job performance by the employee.


Texas is an "At-will" employment state.
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Old 11-16-2005, 07:43 AM   #6
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If the contract contains cofidentiality or non-compete clauses it can be valid.
Even if it's worded poorly he can tie you up in court for a good amount of time if he chooses to.


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Old 11-16-2005, 09:21 AM   #7
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I would definetly have it looked over if you are concerned. Your biggest problems deal with intelectual property rights.
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Old 11-16-2005, 09:45 AM   #8
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i got someone that's a law student, if u want him to look it over first so u don't have to pay 250/hr lol
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Old 11-16-2005, 10:13 AM   #9
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that'd be sweet! i got the contract at home, ill pick out a couple things i was wondering about and put them on here.
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Old 11-16-2005, 04:02 PM   #10
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most lawyers wont give you free advice becaue they will be liabile
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Old 11-16-2005, 04:04 PM   #11
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most lawyers wont give you free advice becaue they will be liabile
thats why you have to say "i hire you" before they can give you any advice.
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Old 11-16-2005, 07:41 PM   #12
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thats why you have to say "i hire you" before they can give you any advice.
and drop $300/hr
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Old 11-16-2005, 08:17 PM   #13
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im not a lawyer BUT i did stay at a holiday inn last night.
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Old 11-16-2005, 08:51 PM   #14
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ok, here is the . i dont have the contract on me, but ill list some key points i was wondering about.

so this makes sense; i am a Jr. network admin, and desktop support analyst. i also do a quite a bit of managing the helpdesk. the company i work for basicly has contracts with various companies that we do their tech support. they pay my boss out the , and i get paid . my boss has no clue about technology what-so-ever, but he is good at "business" in general (read: people over)

so here are some of the points i was wondering about in my contract with him:

1. non-compete.
this part basicly says that i will not steal my boss clients or contracts. i cannot do work for them outside of my company. if i leave the company, or our company loses the contract with that business, i still cannot work for them for a years time.

i understand why that is there, and to some extent is very fair, and protects my boss. but i am wondering exactly how legal it is. i have heard of "right-to-work" states. anyone know what that means? i dont even know if texas is one, but , if i could do business with them on the side, i could charge half what he does, and make a killing. are there any state or federal limits on the length of a non-compete? etc.

2. relationship
basicly in our contract, it states i am an independant contractor, not an employee. i think he has this in there cause it makes things alot easier on him. i get hand written paychecks. (Read, no federal income tax withheld) which is almost like getting paid less. i have to save money in case i have to pay taxes. i dont get time and a half overtime pay, and that really chaps my hide. i ussually work at least a little over 40 hours in a week. i also get no benefits.

the weird thing is, that even though i am not an employee according to the contract, i have an office here in the building. i am expected to be here from 8-5 mon through fri. i heard this could be construed as a "required shift" which might mean that technically i am an employee, whether he likes or not, and I might be protected by a number of labor laws. it is not in the contract that i have to be here, but i have been told. i could theoretically get this in writing, but im sure he would know what i was up to. i want to know if that holds any water or not before i rock the boat, ya know.

3. the bs clause.
there is also a statement at the end of the contract which basicly says if anything in the contract is against the law to be in there, then we agree that is null, and bs. this makes me really think that there is some serious BS in there, and that boss is just betting dollars to donuts that no one ever checks. im wondering if it might be worth the cash to have a real lawyer look at it.

im not worried about intelectual propery, because a) he is too much a moron to understand any technical idea i put in front of him, and b) i keep my ideas to myself anyways, lol.

well, tell me what you think. i think $300 an hour may not be worth it, but i might be willing to pay something more reasonable to a real lawyer, plus take them to lunch if they are cool on the motohouston scene, lol.
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Old 11-16-2005, 09:17 PM   #15
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Quote:
Originally Posted by 05cbreezy636
im not a lawyer BUT i did stay at a holiday inn last night.

ahahahahhah :laughing6 :laughing6 :laughing6
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Old 11-16-2005, 09:26 PM   #16
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Labor law includes many subjects, some of the most common are: hiring, firing, job discrimination, pensions and benefits, harassment and workers compensation.

There are lawyers who specifically deal with labor law issues and can give invaluable advice on defending or prosecuting a case on the topic.

ill pm you later...about it
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Old 11-16-2005, 09:57 PM   #17
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Probably the main reason you became an independent contractor (aka consultant, freelance and IC) or want to, is to be your own boss. Unfortunately, some U.S. companies don't fully understand the difference between independent contractors and employees. Even among companies that do understand the difference, there are those that attempt to exploit the relationship, because it's clearly to their advantage to do so.

Companies don't have to withhold federal, state and Social Security (FICA) taxes, or pay unemployment or workers' compensation insurance for independent contractors. They also don't need to offer benefits like paid sick leave, vacation, health insurance and stock options, as they do to attract and retain employees. In fact, companies don't have to offer much of anything to independent contractors, except that for which they've agreed by contract (independent contractor agreement). That saves tons of paperwork and big bucks, giving dishonest companies lots of incentive to cheat independent contractors of their rights. The cheaters (and naive) misclassify workers as independent contractors, but still attempt to control them as employees. In doing so, they reap the benefits of both worlds, while depriving independent contractors of the very reason they became independent contractors in the first place: to be their own bosses.

Many misclassified independent contractors don't fully understand the difference either, which helps to perpetuate the problem. Here's how it's supposed to work when you are correctly classified as an independent contractor:

Companies are not your employers per se, but your clients. As such, they are not entitled to direct you in your work.
Of course, your clients have a right to say what they expect for the rates they're paying you, but only as it relates to the outcome of the project.
It's your right to decide when, where and how to get the project done.
Natch, it's wise for you to satisfy your clients at the project level, if you wish to get paid and receive favorable referrals for landing more contract jobs. But that doesn't mean you must allow a client to control you as an employee. That's against the law.

In other words, by U.S. law, an employer cannot classify you as an independent contractor, then dictate when, where and how you work, as though you are an employee. It's all about degree of control and independence.

sooooooooooooooooo witch mean....you need to look at the monday to friday stuff and also the hours 5 to 8
ok sweedy..... :eh:
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Old 11-16-2005, 10:20 PM   #18
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sounds like standard cya forms from your employer...though your wording is somewhat vague at times. anyhow, i've signed four of them now throughout school and at my current job. number one is very standard. you should be able to read over it, and understand 95%. For the other 5 percent, ask your boss for further explanation. play nice as an employee and you'll prob be fine.
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Old 11-17-2005, 01:15 AM   #19
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if you really want help gimme a call, i'll hook ya up with my lawschool bud, all my uncles are lawyers too, except the cheapest out of the group is 450/hr
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Old 11-17-2005, 09:55 AM   #20
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1) Non-compete clauses are common and legal. Best recent example of that is this Malone fella on the radio here locally. He left the other radio station and had to stay off the air because he agreed to a non-compete clause. Take that as a compliment because if you had no value he would not have included that.

2) Whatever you call it, consultant or independant contractor, you are responsible for the taxes unless there is a slim chance an employer agrees to pick that up. My Dad is a consultant and estimates what taxes he will incur and sets that money aside. He also pays out the wazoo for health insurance. When you hear stories of consultants or independants making X amount of dollars most people think they have it made because they don't take into consideration the taxes, healthcare, etc. You essentially are your own business.

3) I interpret this as him/entity removing himself or entity from liability if you or he did something illegal.


Bottomline, if you are unsure about signing the contract then don't do it. Yes, hiring a lawyer isn't cheap but consider the implications if don't and something goes wrong. You could also go to a bookstore and see if there books on the subject. I'm sure there are hundreds.



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