What pisses you off? Part II: Electric Boogaloo

[stui magpie]

Nice work. Just get a realistic idea of what your market value is before you accept anything. As an editor you were working for intern wages, you should be looking at a significant hourly rate increase. The first number on the hourly rate should not be lower than 4 at minimum.

[David]

^ Hell yeah. That'd certainly make a difference! We'd be talking $78k minimum, right?

[stui magpie]

Slightly more, depending how many hours per week but yeah that's where you should be at a minimum for full time depending on role.

https://www.seek.com.au/career-advice/role/editor/salary

[think positive]

[David]

Thanks Jo!

[eddiesmith]

Government and defence, $100,000! Get a job editing all the reports the Allan Labor Government don’t want released!!!

[David]

So I did get paid, and after seeking union advice I wrote back to my former boss to say I was happy to sign the exit form so long as the non-compete clause was removed. He replied by saying he wasn’t going to go to the mat for it, and that – rather than him just sending a modified contract back, like a normal person – all I need to do is cross out that clause, sign the form and send it back.

It sounds pretty dodgy to me, but can anyone confirm whether this is standard? e.g. if you sign a contract but cross out a passage you don’t like, that part doesn’t apply? Is this kind of thing common practice in the corporate world, or is he still trying to screw me over?

It’s pretty farcical, but par for the course for that job and what it’s been like working for them over the last year and a half. I’m so happy to be out of it.

[pietillidie]

^Well done on getting paid. That's that taken care of.

I guess you'd normally both initial and date the modification, as would he, with the last version signed by both parties assumed to supersede prior versions (unless the contract specifically forbids that or lays out some process??).

You'll have a paper trail showing the context as well, won't you?

When in doubt, always narrate that stuff in the email so there can be no ambiguity as the intention and instructions ("As you requested in our call on Thursday morning, I have attached...with x line crossed out and initialled...).

If you've sent it already, you can always ask him to initial and date the change and send you a copy 'for your records' if the existing paper trail is unclear, thereby adding context for your own peace of mind.

He's being sloppy, but in theory making hand modifications shouldn't matter if it's agreed, signed, dated and provable. Stui? Pies4Shaw??

[David]

Thanks PTID I had a feeling you’d have a good handle on all this. I haven’t signed it yet, but will follow that approach (I’ve done a bit of googling too, and this seems to be the general advice).

I can’t deny that I feel like a bit of a doormat signing this to begin with, given I’m under absolutely no obligation to. And I don’t even have any other particular reason to, except my own pride and tendency to want to tread lightly and keep the peace. But I also don’t have the energy to pick any unnecessary fights, so at this stage I’m pretty happy to put it all behind me, so long as I’m not being dumb about it.

[pietillidie]

^Defo don't sign a non-compete (that's the bit you're crossing out, right?). Well done for spotting it because no, it's not standard in your context. You're not taking obscure trade secrets for cracking nuclear fusion with you, for goodness' sake.

To re-wind, is this exit doc just about tidying up loose ends? I think you mentioned something about a few extra paid tasks post-employment. The employment period proper is long over, right?

I've often initialled and dated changes by hand, with the other party doing the same. But many contracts also stipulate a process with limitations for making amendments. Is there anything to that end in the text?

End-of-contract, non-compete, confidentiality, property, intellectual property, etc. terms are always stipulated in advance along with other terms, with any changes overriding that being mutually agreed upon and signed by both parties as an addendum as stipulated in the original contract, as I say. Of course, the very point of a contract is to stop conditions being unilaterally changed, so are you saying the non-compete was randomly thrown in for fun at the end?!!

Also, as I say, given he's sloppy enough to not even initial and date the changes and send you back a copy, be sure to narrate everything clearly and precisely.

If you have a couple of days, wait to get feedback from others who deal with Oz employment law so you don't have to think about it again, as I've never seen that particular doc before.

[David]

[stui magpie]

What Ptiddy said, any clauses you don't agree with, cross them out (and make it clear that they are crossed out, not highlited or underlined) and initial and date the area immediately above or below the crossed out clause (s). If it's a multi page agreement, I'd initial and date each page so he can't substitute the standard contract and just have your signature on the last page with the removed clauses miraculously restored.

Keep a copy for your self before you return it.

[pietillidie]

^Great advice. So, David, in addition to initialling and dating above or below each section you cross out, as Stui says do the same for each page of the contract once you're satisfied, which is something that's often done here on rental contracts that have been copied multiple times for different tennants with a few details modified by hand each time.

Feel free to ping me beforehand if you want another pair of eyes to run over your final email with scan attached before you send it. Not because I'm qualified, but just for your own sanity.

I doubt he's being sinister as such by adding the non-compete because it makes no sense. More likely he's stuffing things in 'just in case' to cover himself because he doesn't understand his own contracts. People do that because we all naturally get paranoid where contracts are concerned given we aren't lawyers.

[David]

Thanks, both. PTID, I already signed it and sent it back last night, but I'll chuck you a PM anyway just so you can let me know of anything I might need to look out for next time (only if you'd like to of course!). And I think your read of him is spot on btw.

[pietillidie]