Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by deaddodo on Saturday May 13, 2017 @10:30PM
(#14333950)
They're not "notoriously difficult to enforce", they're specifically unenforcable to non-executives. The CA legislature and judiciary have long since settled any questions regarding these and also have frameworks in place for companies trying to make you an "executive engineer" or "director of blah" to try and get around it.
[ Parent
| on HN ]
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by sroussey on Sunday May 14, 2017 @01:20AM
(#14334352)
Beyond that, not just the clause is unenforceable, it invalidates the whole contract.
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by mcv on Sunday May 14, 2017 @07:59PM
(#14338197)
Invalidating the whole contract is not good. You still want to get paid and get all the other benefits from the contract.
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by ygra on Sunday May 14, 2017 @06:05AM
(#14334965)
Isn't there usually a clause at the end stating that even if some parts are unenforceable, the rest of the contract still holds?
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by justinjlynn on Sunday May 14, 2017 @06:33AM
(#14335037)
Yes, typically, there is a 'severability' clause that encodes that.
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by Chris2048 on Tuesday May 16, 2017 @06:40AM
(#14348596)
Wouldn't that clause be voided too?
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by itchyouch on Tuesday May 16, 2017 @11:59AM
(#14350595)
The severability clause is what keeps illegal clauses from invalidating the whole contract.
Re:Noncompete Clauses: Signing Away the Right to Get a New Job
by sroussey on Wednesday May 17, 2017 @11:57AM
(#14359725)
Yes, and CA really doesn't want non-compete clauses, so they invalidate the severability clause as well.
By the way, the Silicon Valley HBO show can be remarkably accurate on things. It's rare that a TV show gets things like this right, where people in the business don't.
I just happen to know lots of attorneys in the space. I am not an attorney or giving legal advice. Talk to your attorney for that.