Contract - Conflict with performance clause

New lxcd
Jan 18 9 Comments

I'm going to sign with a new company and in the contract I found a strage wording:

"may not engage in any other employment, consulting, or other business activity that conflicts or may conflict with the performance of your work"

Anybody has seen this before? Why I should not be supposed to do anything I want, granted that I deliver results to my employer and I don't try to compete?

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TOP 9 Comments
  • MZ pXft40
    That is a standard clause in contracts these days if they're asking you to work 40 hours a week. When I was a green fledgling I didn't think anything of it, because I wanted to work hard enough for them to eventually hire me full time.
    Fast forward to today, I am the worn out smelly sock you see before you. That clause is really a load of poop. They're asking you to commit to them as if you were hired full time with benefits. Given that you'll be a contractor, you won't actually get all those benefits. I'm tempted to recommend that you ask them very pointedly why they are giving you a contract that limits your ability to expand your portfolio.
    I am also tempted to tell you.....what they don't know won't hurt them.
    Jan 181
    • New lxcd
      OP
      Sorry, probably my question is misleading. This is a full time employment contract. What I was thinking is that they should not care of what I do after work as long as I deliver the expected performance. Why include also *may conflict*?

      Thanks for you answer by the way!
      Jan 18
  • New DvVM00
    standard
    Jan 190
  • Microsoft deadpan
    In pretty sure that's been in every employment contract I've ever had.
    Jan 190
  • Facebook AnastasiaB
    I’ve never seen an offer that didn’t include this
    Jan 190
  • Oracle ImInsideMe
    If you're delivering then it isn't conflicting with your performance. Perfectly normal clause
    Jan 182
    • New lxcd
      OP
      Thanks for your answer! Yeah I understand that if I deliver, then it's not conflicting, but why adding *may conflict* as well?
      Jan 18
    • Oracle ImInsideMe
      Covering themselves just in case so there's less room to argue if anything. If you want details on what counts and doesn't as "may conflict" then consult a lawyer. I wouldn't expect this to ever come up though, not like you're advertising your moonlighting at work
      Jan 18
  • F that. Ask them to strike it or revise it. I change up 100% of contracts presented to me or I refuse to sign, or write my own.
    Mar 40

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