On 03/11/2011 11:13 AM, Bill Bogstad wrote: > On Fri, Mar 11, 2011 at 8:59 AM, Jerry Feldman <[email protected]> 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. > 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.
-- Jerry Feldman <[email protected]> Boston Linux and Unix PGP key id: 537C5846 PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB CA3B 4607 4319 537C 5846
_______________________________________________ Discuss mailing list [email protected] http://lists.blu.org/mailman/listinfo/discuss
