Do all YC startups use Clerky and have the same style of terms in offer letters? | Hacker News Reader

Do all YC startups use Clerky and have the same style of terms in offer letters?

4 pointsmrezak5 comments

I just received an employment offer to join a YC startup. We negotiated the offer and reached an agreement in a few terms verbally (which includes the benefits and visa/GreenCard sponsorship). I am requesting the employer to include what has been agreed to the offer, which is a reasonable request to me. The employer mentions that the offer is generated through Clerky and standard and all YC startups uses the same standard offer for hiring; as he doesn't have an option to include new agreed terms in Clerky, he has to pay thousands of dollars to hire a lawyer to include the terms and he is not willing to do so.

I don't see my request as a lack of trust to the employer but to have a clear contract which reflects the terms agreed and I think it's better for both sides. However, the employer thinks otherwise and sees this as a clear lack of trust from my side.

My questions:

Is my request unreasonable?

Do really all YC startups use Clerky for legal documents and the documents are standard and fixed and cannot be amended?

Is the employer reasonable in saying that my request to include the agreed upon terms in the offer indicates the lack of trust from my side (while personally my request doesn't arise from a lack of trust)?

I'm sorry to say this, but this employer sounds like a scumbag. If this is how he treats you (by lying and trying to exploit you) at this stage, how is he going to treat you once you're stuck with him?

> he has to pay thousands of dollars to hire a lawyer to include the terms

This is utter bullshit. Call 5-10 local lawyers, tell them what is needed, and find out how much it would cost. Present the employer with the names of those lawyers and their prices.

> Is my request unreasonable?

ABSOLUTELY NOT!!! Always get everything in writing, no matter how much you trust someone. For all you know, the person who made you the promises will be at a different company or dead in a few years.

It's completely normal and reasonable to get something in writing, and it's either naive or malicious that someone is refusing.

There might be a way to meet both your needs. If you are satisfied with everything else, there is no harm in letting the hiring process go ahead. Ask the employer to send you the offer letter but don't sign anything yet.

Once you have the offer letter in hand, CONSULT A LAWYER on your own dime to prepare the following. (Even if the employer's lawyers prepared the agreement and modified clerky agreements, you would have to get your own lawyer to review any agreement before you sign them)

Step 1: Write down your verbal agreement in an email. For example: "Thank you for the offer letter. I would like to take this opportunity to document in writing what we discussed over the phone. Specifically, -- As part of my employment agreement, you will provide me with a blue pony within 2 business days of my landing in SFO. -- Within 90 days, You will also provide me with a visa and bear all costs for the same. If this is also your understanding of our discussion. Please send me an email back specifically stating that."

Step 2: -- Strike out any clause in the standard agreement that says that there shall be no other verbal or written agreements (your lawyer can help identify these sneaky clauses). Initial all pages. Sign it. -- Attach and Send it back to him/her. -- Ask him to make 2 copies of that set, initial all pages AND any struck-out clauses and send one copy back to you.

This way he/she gets to use Clerky and you get a good written documentation any agreement.

If he refuses to do that. Don't take the job.

NOTE OF CAUTION: Its not up to your employer to give you a green card or a visa. The US Government has to give you one. Your employer will have to pay "thousands of dollars to hire a lawyer" to a visa or green card anyway.

If you absolutely need to take this offer, draft up a written agreement outlining all the terms you two have verbally agreed to. Have you and the other party sign the form and email yourself and the company a digital copy of the signed form. Also, ask your boss to reply to the email and confirm the agreement to be valid.

Given the fact that they were not willing to pay for any legal fee to get you onboard, I would be worried about whether they would actually fulfill their promise of providing you visa/GreenCard sponsorship down the road.

(Also, assuming your HN username can be traced to your real name and therefore your future employer, I'd suggest deleting this and re-posting it under a throwaway username that can't be traced to you.)

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