Abusive contracts

[gaf-mNDKBlG2WHs at public.gmane.org (Jerry Feldman)]

On 03/11/2011 11:13 AM, Bill Bogstad wrote:
> 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 indee=
d
>>> invalidate the entire contract rather than just the one clause.
>>>
>> While this is true, the company can try to enforce the contract with t=
he
>> result that you probably may be prevented from taking the next job tha=
t
>> would have been in violation, then you would need to go through the co=
urts
> 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.
>
In my friend's case, State Street withdrew the offer. Most prospective
employers would simply back out because they don't want to be involved
in litigation between a contract agency and a contractor.

--=20
Jerry Feldman <gaf-mNDKBlG2WHs at public.gmane.org>
Boston Linux and Unix
PGP key id: 537C5846
PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB  CA3B 4607 4319 537C 5846



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