Abusive contracts

Derek Martin invalid-yPs96gJSFQo51KKgMmcfiw at public.gmane.org
Thu Mar 10 13:53:14 EST 2011


On Thu, Mar 10, 2011 at 11:18:02AM -0500, Mark Woodward wrote:
> " The Consultant acknowledges and agrees that any such breach or 
> threatened breach will cause irreparable injury to the Company and that 
> money damages will not provide an adequate remedy to the Company."
> 
> I mean, jeez, in civil law, money damages ARE the remedy!

So, doesn't that kind of obsolve you of any responsibility?  If money
damages won't provide an adequate remedy, what other recourse do they
expect?

> That on top of 5 years confidentiality, 2 years non-compete, all for a 
> few hours part time work? A 6 page NDA and at a low rate because they 
> are on a shoe string budget?  

The confidentiality clause seems perfectly reasonable to me, to be
honest.  The non-compete is at best questionable...  It should not be
legal to require a contractee to limit his ability to feed his family
after his term of employment is complete (overdramatic to make the
point).  In some states, such clauses are unenforcable, but I don't
believe MA is one of them.

-- 
Derek D. Martin    http://www.pizzashack.org/   GPG Key ID: 0xDFBEAD02
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