I did something similar with the non-compete and non-disclosure agreements my employer wanted me to sign when our company was purchased. It was a four page document and I simply altered the terms to suit what I thought was fair (I had no intention of stealing their IP, but I also didn't want them owning everything I created).
The HR representative signed both copies, gave me one and filed the other. The funniest part is that when I left a few years later, they couldn't find the one I'd signed and asked me to sign another during the exit interview ... I declined ;)
I did something similar once when I was freelancing. Knowing the company had some payment issues in the past, I modified the contract so that I could delay delivery until I'd been paid in full (rather than invoicing upon delivery).
When they inevitably didn't pay me on time the CEO called me up to ask why they hadn't received the finished product from me. When I pointed out I'd modified the contract - which he had returned, signed - he said in a rather hurt voice "...but I never read it - I just assumed it hadn't been changed!". There is a lesson there!
If they didn't initial these handmade changes (but rather just missed them) - i think they wouldn't be enforcable.
They "lost their copy" likely for this purpose - so that they could argue that you "added changes" after the contract was signed.
They sent the document as a Word document and I changed the document ... In the past I've done the strike-through and initial way too. They initialed each page and signed the last page and I've got a fully executed copy. They didn't lose their copy on purpose and when the HR representative pointed out that they could inform my new employer about the terms of the NC and NDA, I told them I'd altered the original and that they didn't have my permission.
As I said before, I wasn't interested in taking their IP but rather eliminated the parts that are onerous to the employee and that might put my side projects at risk. I should also point out that I'm still on good terms with this company and have helped with various IP issues that weren't finished when I left.
what, how is this fair? housing lease agreements have initials on each section and page for this reason, so on big long contracts you can't change a small part. if you lose a copy of a contract, and the other party has a copy that is signed and dated by you (in all locations required), isn't that case closed?
Is there a legal basis for this? I do this all the time, if I'm given a stock form to sign and I don't like it I just change it--it's much easier than trying to get it changed by them. Most employees don't care and don't know how to handle something like this so they just process it normally.
Without other side consciously agreeing to your changes via initials - this is alike to graffiti on the wall.
Fun for artist - little nuisance (not much more) for building owner.
I did more or less the same thing for the company I'm at now, and included a separate note in my response indicating what I changed and why. They seemed more than happy to sign it.
The next version of the agreement (we sign it once/year) actually included language very similar to my changes. Admittedly, I don't know if I impacted that or if it was independent, but it did make me feel good.
The HR representative signed both copies, gave me one and filed the other. The funniest part is that when I left a few years later, they couldn't find the one I'd signed and asked me to sign another during the exit interview ... I declined ;)