Abusive contracts

[bogstad-e+AXbWqSrlAAvxtiuMwx3w at public.gmane.org (Bill Bogstad)]

On Fri, Mar 11, 2011 at 8:59 AM, Jerry Feldman <gaf-mNDKBlG2WHs at public.gmane.org> wrote:
> On 03/10/2011 10:00 PM, Don Levey wrote:
>> I've been told by an attorney that an unlawful clause cannot be
>> enforced. ?If the contract doesn't have a clause stating that one
>> invalid section doesn't render the entire thing invalid, it may indeed
>> invalidate the entire contract rather than just the one clause.
>>
> While this is true, the company can try to enforce the contract with the
> result that you probably may be prevented from taking the next job that
> would have been in violation, then you would need to go through the courts

I'm pretty sure that they would have to get an injunction to stop you
from taking the job.  From what
little I've picked up from following Groklaw, injunctions only happen
when someone can show irreparable
harm if the action continues.   You would still have to go through the
courts, but at least you would be able
to take the job.   A better strategy on your former employer's part
might be to sue your future employer for
some kind of inducement to violate your employment contract.   I
suspect in many cases your future employer
would decide it is too much trouble and your job offer would
evaporate.  OTOH, you might then have cause to
sue your former employer.  Isn't the law wonderful? :-)

Bill Bogstad

P.S. I am not a lawyer.  The above is purely speculation.