Contracts are way less enforceable then the writers would hope. Basically the enforceable parts are payment and performance and anything directly related to that. Once you start adding clauses that are outside of that realm they become more and more of a waste of ink.
I'm not sure if lawyers think their words are magic sometimes, or if they'd just really like them to be magic.
I live in a state that prohibits most non-competes from employers, and any effort to try to get employees to sign overly restrictive agreements can actually result in a fine and penalty. My company sent me a legal agreement saying that by signing the doc and continuing to be employed, I agree to waive my state's protections against non-competes. As if... that would hold up in any court, ever.
It's a blatantly illegal clause and I could have fought it at the time... but in the end I knew it was totally unenforceable at worst. I'll go after them for the penalty if they ever try to enforce it, or if I leave under bad circumstances. It was more valuable to me to have this document than it is for them to have it.
Youâre right. I just want to add the proper terms for people to search for in case this information helps them. The main matters considered in contract law are âconsideration and performanceâ. Happy hunting yâall. Take down these corporations that do not care for you.
Yes, payment isnât necessary, itâs just that consideration is payment 99% of the time for the average Joe, to the point where the first definition of consideration is âpayment or moneyâ but there are certainly contracts out there where it isnât money.
Youâre right. I only wanted to include the search term for anyone wanting to pursue this on their own. I think it is better to search the proper term and build knowledge from there than to summarize it and hope laymen understand the underlying principles.
Corkyskog@sh.itjust.works â¨11⊠â¨months⊠ago
Contracts are way less enforceable then the writers would hope. Basically the enforceable parts are payment and performance and anything directly related to that. Once you start adding clauses that are outside of that realm they become more and more of a waste of ink.
RooPappy@kbin.social â¨11⊠â¨months⊠ago
I'm not sure if lawyers think their words are magic sometimes, or if they'd just really like them to be magic.
I live in a state that prohibits most non-competes from employers, and any effort to try to get employees to sign overly restrictive agreements can actually result in a fine and penalty. My company sent me a legal agreement saying that by signing the doc and continuing to be employed, I agree to waive my state's protections against non-competes. As if... that would hold up in any court, ever.
It's a blatantly illegal clause and I could have fought it at the time... but in the end I knew it was totally unenforceable at worst. I'll go after them for the penalty if they ever try to enforce it, or if I leave under bad circumstances. It was more valuable to me to have this document than it is for them to have it.
Patches@sh.itjust.works â¨11⊠â¨months⊠ago
They want us to believe their words are magic for 2 reasons
mx_smith@lemmy.world â¨11⊠â¨months⊠ago
The average person is scared of massive lawyer fees trying to defend against any law suit.
Siddhartha-Aurelius@kbin.social â¨11⊠â¨months⊠ago
Youâre right. I just want to add the proper terms for people to search for in case this information helps them. The main matters considered in contract law are âconsideration and performanceâ. Happy hunting yâall. Take down these corporations that do not care for you.
Corkyskog@sh.itjust.works â¨11⊠â¨months⊠ago
Yes, payment isnât necessary, itâs just that consideration is payment 99% of the time for the average Joe, to the point where the first definition of consideration is âpayment or moneyâ but there are certainly contracts out there where it isnât money.
Siddhartha-Aurelius@kbin.social â¨11⊠â¨months⊠ago
Youâre right. I only wanted to include the search term for anyone wanting to pursue this on their own. I think it is better to search the proper term and build knowledge from there than to summarize it and hope laymen understand the underlying principles.