I've done it on almost every one of my employment contracts (didn't do it on the last one because it was entirely reasonable). I'm fairly choosy about what I strike out, though. For example one contract I had stipulated that I should compensate the company for any losses they incur if they terminate my employment. This is clearly unreasonable and I struck it out. They complained and I offered to GTFO if they really thought that the clause was that important to them. It turns out it wasn't.
I admit that in the past I have always had the luxury of feeling like I could turn down a job if the terms weren't right. I've never had to, though. Having said that, I have witnessed people failing to join companies I've been at because they couldn't come to terms on the contract. It happens.
I work on contract now, rather than as an employee, so I have a lot more flexibility with the contract. I suspect it will have to be that way forever because I'm at the point in my life where I refuse to sign an inventions agreement.
One side point that I think is important to point out is if your employer tries to get you to sign something new after you are already on contract, they usually have absolutely no leverage. They can't threaten to fire you over it because that would be considered duress and contracts can't be signed under duress (where I lived, anyway).
Whenever I get handed new agreements to sign when I'm already under contract, I always ask for compensation. No compensation, no contract. Usually the documents disappear in a wink. One time they didn't and all I had to do was phone up the legal department and say, "HR has given me this thing to sign, but I don't want to. They seem to be implying that I won't have a job any more unless I sign it. Is that really the case? I have my employment contract here and this isn't in one of the termination clauses..." In less than 5 minutes I had an apology from HR (Ha ha! I should have framed it. I'll never get another one!)
Obviously I'm not a lawyer. This is not advice (legal or otherwise). Consult a lawyer if you find yourself in similar situations.
> I have my employment contract here and this isn't in one of the termination clauses..."
In most of the US that won't work. "At-will" employment takes care of that. So they legal would say "sure" don't sign it. But if they really mean you won't have job there, well, in a few months you'll find you won't. But not because you didn't sign the contract, it will be for "restructuring" reasons.
[IANAL]
Kind of. At-will means you can fire for nearly any reason, but you can't fire for the _wrong_ reasons.
Retaliation for refusing to sign a contract under duress ties back to "continued employment isn't considered compensation for signing an additional employment contract." Even if there's a restructuring a few months later, the burden of proof would be on the employer to prove that there was no retaliation.
> the burden of proof would be on the employer to prove that there was no retaliation.
Only if they are sued. And then they can just say. It would take someone who is in on the nudge-nudge wink-wink euphemisms to somehow break the silence and testify. They'd have to have a falling out with the owners / management at the same when the person who is gone sued and then testify that "what we mean by restructuring is person is the wrong race". Then bingo, easy peasy case.
See companies have written rules and communication, and unwritten rules and communication. The unwritten rules are the nudge-nudge wink-wink type things.
If they are very careful they could even start a performance review probation period. Could say we need to "re-evaluate your role, you have to improve your performance review numbers". They set some unrealistic goals, then the clock start ticking. And in the end they have a paper trail of a reason to lay the person off. Even though, according to unwritten communication it was really because they were the wrong race, or gender and so on.
I admit that in the past I have always had the luxury of feeling like I could turn down a job if the terms weren't right. I've never had to, though. Having said that, I have witnessed people failing to join companies I've been at because they couldn't come to terms on the contract. It happens.
I work on contract now, rather than as an employee, so I have a lot more flexibility with the contract. I suspect it will have to be that way forever because I'm at the point in my life where I refuse to sign an inventions agreement.
One side point that I think is important to point out is if your employer tries to get you to sign something new after you are already on contract, they usually have absolutely no leverage. They can't threaten to fire you over it because that would be considered duress and contracts can't be signed under duress (where I lived, anyway).
Whenever I get handed new agreements to sign when I'm already under contract, I always ask for compensation. No compensation, no contract. Usually the documents disappear in a wink. One time they didn't and all I had to do was phone up the legal department and say, "HR has given me this thing to sign, but I don't want to. They seem to be implying that I won't have a job any more unless I sign it. Is that really the case? I have my employment contract here and this isn't in one of the termination clauses..." In less than 5 minutes I had an apology from HR (Ha ha! I should have framed it. I'll never get another one!)
Obviously I'm not a lawyer. This is not advice (legal or otherwise). Consult a lawyer if you find yourself in similar situations.