Ask HN: How common are one-way attorney fees in a non-compete?

Posted by throw_away_777 on Monday September 12, 2016 @04:28PM
from the ask-hn dept.

The title says it all, I am wondering how common it is to have one-way attorney fees (where the employee is on the hook for legal costs, but the employer is not)? This seems unfair to me. Would you sign a non-compete that had one-way attorney fees?

( 4 comments | on HN )

Re:Ask HN: How common are one-way attorney fees in a non-com... by fasfdkjlk on Monday September 12, 2016 @05:36PM (#12483901)

All attorneys fees clauses in California are two-way, even if they are written as one-way. A lot of employers don't know this and it actually favors the employee, so I'd not mention it.

[ Parent | on HN ]

Re:Ask HN: How common are one-way attorney fees in a non-com... by gamedna on Monday September 12, 2016 @04:37PM (#12483419)

As a consultant, I see this all the time. As an employee I only experienced this one time and requested an addendum to the NDA/Non-compete contract.

[ Parent | on HN ]

Re:Ask HN: How common are one-way attorney fees in a non-com... by throw_away_777 on Monday September 12, 2016 @05:38PM (#12483913)

Thanks for the response. Did the company amend the contract as you requested?

[ Parent | on HN ]

Re:Ask HN: How common are one-way attorney fees in a non-com... by gamedna on Wednesday September 14, 2016 @01:34AM (#12494445)

Yes. When requesting any change to a standard contract, be respectful and give clear and reasonable justification for the request. Also, it helps if you have legal advice prior. These days, I generally run all my contracts through my lawyer and respond with any questions or changes with a "my attorney recommends..."

[ Parent | on HN ]