Do you sign the default contract?

No, if anything is wrong you do <i>not</i> sign the default contract.<p>Non-compete agreements are not enforceable in California under most circumstances. [1] Surprisingly, most companies I've worked with have not updated their new-hire documents.<p>Having negotiated several consulting or employment contracts over the last few years (in SF and San Jose), I can confirm that that most companies aim for "everything you create belongs to us." I find that practice despicable. Luckily it's usually a negotiable point.<p>I recently started with a company whose employment contract basically said, whatever you do here belongs to us; whatever you do on your own time belongs to you. This was refreshing.<p>[1] <a href="http://boingboing.net/2008/08/08/california-supreme-c-1.html" rel="nofollow">http://boingboing.net/2008/08/08/california-supreme-c-1.html</a><p><a href="http://en.wikipedia.org/wiki/Non-compete_clause#Exceptions_-_valid_non-compete_agreements_in_California" rel="nofollow">http://en.wikipedia.org/wiki/Non-compete_clause#Exceptions_-...</a>

I always wonder about about the "difficult" employees who balk at signing the bog-standard silicon valley employment contract that the other 499/500 employees have signed. Are the contracts perfect? No. Are they designed to screw you? Probably Not. If (Big IF) you are working for a reputable company, and the contract looks reasonable, should anyone other than a principal (Senior VP and above) bother to negotiate their employment contract? No.<p>Every line-employee I've seen who has tried to negotiate, modify, or change the contract has just been told "That's the contract that you sign to work here."<p>Seriously though, the "All you create are belong to us" clause is pretty much a requirement for a company funded by the major VCs, who are clearly concerned about their IP going out the door.<p>Now, termination contracts - that's where you have a little leverage, particularly if the company doesn't want a stink and/or they think you have grounds for a lawsuit. That six week severance can quickly turn into eight, ten, or even twelve weeks if you know how to ask right.