News for hackers. Stuff that matters.

A comment on Noncompete Clauses: Signing Away the Right to Get a New Job. Parent comment

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.
[ Parent | on HN ]
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.
[ Parent | on HN ]
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?
[ Parent | on HN ]
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.
[ Parent | on HN ]
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?
[ Parent | on HN ]
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.
[ Parent | on HN ]
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.

[ Parent | on HN ]