ZorbaTHut 319 points 1 day ago
> A contract is a two-way agreement, so if you see terms in there that you're uncomfortable about, you can black them out.
This isn't even a housing thing, this is just a global thing. I don't think I've ever signed an employment contract without modifying it. I've never had my employer mention it afterwards.
Excessive non-compete clause? Bam, gone. Clause that conflicts with a verbal agreement I had with the producer? Bam, gone. Cross out some bits, write notes in the margin, make little arrows pointing at what you crossed out with your initials, sign it, photocopy it, turn it in with your employment paperwork, keep the photocopy.
"Your Honor, our ex-employee should go to ultrajail for breaching our horrifying non-compete clause, and also owes us a billion dollars for Section 7 of his employment paperwork."
"I never agreed to that. Here's what I signed."
"Well, fuck."
[And then this reply seems very helpful...]
OriginalStomper 157 points 6 hours ago
I am a lawyer familiar with contract law, though not an employment lawyer. You and sporkus are both correct (at least under Texas law and most other US jurisdictions): it is not a binding contract until both parties agree to all the changes.
Until the original agrees (by initialing the changes or at least signing the agreement after your changes are made), the marked-up document is merely a counter-offer. However, that means the employer has nothing to enforce against you. Texas is an "employment at will" state, and here 99% of the time an employment contract was the employer's idea, for the employer's purposes, with little or no actual benefit to the employee. The employee usually comes out ahead if the entire contract is unenforceable, or even if just the harshest clauses are deleted.
Protip: while you are at it, also delete arbitration clauses. Completely and whenever possible. The individual/employee will almost never win in arbitration, unless the arbitration is conducted under a collective bargaining agreement negotiated by a union. If there's even the hint of an arbitration clause in your contract (ANY kind of contract, not just employment contracts), then it does not matter how well you edited the rest of the agreement, because arbitrators are free to be arbitrary. They are not legally required to follow the contract -- they can do whatever they think is "fair." Strangely enough, "fair" will almost always favor the employer or other repeat customer for the arbitrator. Because, see, the arbitrators are in the business of arbitrating disputes. If no one chooses them to arbitrate, then they have to find a real job.