Carr's latest legal moves
Sat Oct 20 15:14:19 EDT 2007
> As my parents taught me when I was young, sometimes you have to do things
> that you don't want to do.
My parents taught me, if you think something is wrong...then fight for your
> Howie made choices that he has to live with.
I'm sure our resident councilor will correct me if I am wrong, but there are
certain rights you can't give away, or sign away. Civil rights, for
I can't, for instance, make a contract with you whereby I agree never to
vote in an election, etc....even if I sign it willingly, receive
compensation and know what I am signing.
Can you sign on the line...and let a company "own" you for 10 years?
There is one precedent setting case before the Mass SJC years ago.
Max Richmond required his employees all to sign non-competes (when they were
The non-competes were for 5 years and 500 miles.
The SJC said that non-competes, while legal (at the time) had to be
"Reasonable" was generally perceived to mean 1 year....and Arbitron metro.
I'm sure the Dan Billings of the times would've said "Well, they knew what
they was signing! "No one forced their hands!"
There are times when an employer has an upper hand in negotiations. It is
generally agreed in principal, in practice, (and in law?) that you cannot
use that to be grossly unfair to someone.
I don't believe the SJS would find that a 5 year contract that in effect
binds someone for an ADDITIONAL 5 years......is "reasonable"....regardless
of continuing compensation.
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