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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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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. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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David
to wish impossible things
Joined: 27 Jul 2003 Location: the edge of the deep green sea
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^ Hell yeah. That'd certainly make a difference! We'd be talking $78k minimum, right? _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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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 _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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think positive
Side By Side
Joined: 30 Jun 2005 Location: somewhere
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David wrote: | Cheers! I'm pretty keen to move on so definitely want to cause as few waves as possible. If we can get this sorted amicably, that's the ideal. In the meantime I might have another job lined up (have already been offered, just waiting to hear back on how many days they can offer me), so hopefully things will be back on track soon! |
Great news, everything crossed for you _________________ You cant fix stupid, turns out you cant quarantine it either! |
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David
to wish impossible things
Joined: 27 Jul 2003 Location: the edge of the deep green sea
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Thanks Jo!
Interesting what a difference it makes when you set the slider to Victoria, though! Clearly I need to be moving to Queensland... _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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eddiesmith
Lets get ready to Rumble
Joined: 22 Nov 2004 Location: Lexus Centre
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Government and defence, $100,000! Get a job editing all the reports the Allan Labor Government don’t want released!!! |
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David
to wish impossible things
Joined: 27 Jul 2003 Location: the edge of the deep green sea
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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. _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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pietillidie
Joined: 07 Jan 2005
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^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?? _________________ In the end the rain comes down, washes clean the streets of a blue sky town.
Help Nick's: http://www.magpies.net/nick/bb/fundraising.htm |
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David
to wish impossible things
Joined: 27 Jul 2003 Location: the edge of the deep green sea
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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. _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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pietillidie
Joined: 07 Jan 2005
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^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. _________________ In the end the rain comes down, washes clean the streets of a blue sky town.
Help Nick's: http://www.magpies.net/nick/bb/fundraising.htm |
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David
to wish impossible things
Joined: 27 Jul 2003 Location: the edge of the deep green sea
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David wrote: | 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? |
Yep, my last day as a contractor was 29 Feb, and my last day as a formal employee was 12 January. In the leadup to the original redundancy, I was offered a part-time contractor position with a super basic contract. When I decided to quit a month later and handed in my two-week notice, my boss gave me a list of exit tasks to fulfil, and that was the point where he also raised the prospect of a non-compete "requirement" for the first time (though he’d made some remarks late last year, when they first told me they were going to make me redundant, about the writers being "[the organisation’s] contacts, not yours", which indicated he was already thinking along those lines). I immediately pushed back on that and expressed my discomfort with such an arrangement, he said we’d "discuss it later" (which never happened), and then he hit me with this exit document to sign on 4 March – so, days after I’d already wrapped everything up – with the non-compete clause exactly as he’d previously floated it.
I don’t know what is and isn’t normal with this stuff, but to my eye he was scrambling to get something through the back door that really should have been decided when my employment began, either with the organisation proper seven years ago or in this new contractor position in January (of course, I wouldn’t have signed a contract with this clause in it then, either, and would have negotiated to have it removed).
Friends have suggested I should just flatly refuse to sign anything and/or ignore him, as at this stage I’m not counting on him for anything (not even a positive reference; even if I did everything he asked, I don’t trust him to say anything nice about me). But it’s not really my style to leave on bad terms, and I’m really looking forward to being able to fully move on. So that’s shaping my thinking here.
Good suggestion re: checking for limitations on amendments. I’ll have another look and see if there’s anything like that in there. _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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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. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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pietillidie
Joined: 07 Jan 2005
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^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. _________________ In the end the rain comes down, washes clean the streets of a blue sky town.
Help Nick's: http://www.magpies.net/nick/bb/fundraising.htm |
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David
to wish impossible things
Joined: 27 Jul 2003 Location: the edge of the deep green sea
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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. _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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pietillidie
Joined: 07 Jan 2005
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David wrote: | 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. |
Sounds good. Will ping you back. _________________ In the end the rain comes down, washes clean the streets of a blue sky town.
Help Nick's: http://www.magpies.net/nick/bb/fundraising.htm |
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