The fact that a clause is not enforceable doesn't prevent it from being put in contracts to scare non lawyers. I had my personal attorney, who happens to work for a firm that has another atty that specializes in employee/union side labor law, review one of my employment contracts once. His opinion was that the vast majority of it was unenforceable in the state I resided in and it had clearly been written in a not so labor friendly state. Later in life I asked him to write the employment contracts for a startup and he was almost visibly uncomfortable. But once I explained I wanted 'fair and bilaterally binding' contracts, he did a great job and saved a number of folks when we sold the company.
On a more time nuts front, I have ntpd running on my new RasPi. Next step, using the GPIO pins for the 1pps instead of a USB serial dongle. Bob On Thu, Jun 28, 2012 at 11:02 AM, jmfranke <[email protected]> wrote: > When I was in college, I worked part time on the engineering staff of > several AM broadcast stations. The employment contract forbid me from > working at another station within 250 miles if I was dismissed or resigned. > The clause was not limited to just the on-air personnel. > > John WA4WDL > > ------------------------------**-------------------- > From: "Peter Gottlieb" <[email protected]> > Sent: Thursday, June 28, 2012 10:46 AM > To: <[email protected]> > Subject: Re: [time-nuts] [OT] Paywall Rant (was Re: Spoofing GPS) > > I support that law. What a waste of talent if bright stars in advancing >> fields are snuffed out! >> >> Interestingly, I once heard it mentioned (in a business roundtable >> meeting) that this was one of the "anti-business" laws which must be >> strongly fought against. >> >> You are right though, just because there is precedent does not stop >> companies and their lawyers from inserting such clauses into their terms of >> employment, most of which are non-negotiable for engineers. The question >> is, how many individuals can afford going to court, both in terms of cost >> as well as time? And courts are unpredictable, so you might even lose and >> be destroyed financially. Thus, specific laws codifying such employee's >> rights are great. Perhaps such "anti business" laws played a part in the >> high-tech buildup in CA. >> >> Peter >> >> >> >> On 06/28/12, Jim Lux<[email protected]> wrote: >> >> On 6/28/12 6:38 AM, Peter Gottlieb wrote: >> >>> Very true, and in some cases (Texas case) a judge ruled that an employee >>> that left a firm can never work in that same field again for the rest of >>> their life due to both positive and negative knowledge. >>> >>> >> Not in California, where such agreements are specifically prohibited by >> law. >> >> And, for that matter, the later legal strategy calling out "inevitable >> disclosure" (that is, that if you work in the same field you will >> inevitably disclose something that is trade secret) has been held >> invalid in a variety of courts. >> >> This doesn't stop company A from threatening to sue Company B who wants >> to hire someone from Company A, but it turns the threat into nothing, if >> Company B's lawyer writes a nice letter citing the half dozen or so >> cases to Company A's lawyer. In effect telling A, "pound sand with your >> stupid extortion" >> >> It *is* still effective in the old boys network.. executive from company >> A mentions to executive from company B, "you know, if you hire good ol' >> Bob, it could get sticky, legally. You sure you want to take that on." >> Of such are things like illegal anti-poaching agreements made and of >> such are consent decrees issued. >> >> ______________________________**_________________ >> time-nuts mailing list -- [email protected] >> To unsubscribe, go to https://www.febo.com/cgi-bin/** >> mailman/listinfo/time-nuts<https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts> >> and follow the instructions there. >> >> ______________________________**_________________ >> time-nuts mailing list -- [email protected] >> To unsubscribe, go to https://www.febo.com/cgi-bin/** >> mailman/listinfo/time-nuts<https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts> >> and follow the instructions there. >> >> > > ______________________________**_________________ > time-nuts mailing list -- [email protected] > To unsubscribe, go to https://www.febo.com/cgi-bin/** > mailman/listinfo/time-nuts<https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts> > and follow the instructions there. > _______________________________________________ time-nuts mailing list -- [email protected] To unsubscribe, go to https://www.febo.com/cgi-bin/mailman/listinfo/time-nuts and follow the instructions there.
