Re:IBM employee forced to stop kernel work under personal em...
by sellyme on Thursday April 22, 2021 @08:54PM
(#26909903)
> should you be able to ignore that contract?
If the clause is illegal, yeah. In almost every jurisdiction on the planet, a contract containing a clause that is illegal renders that clause invalid, and the rest of the contract stands. So why would I not collect my free $10,000 and continue doing whatever I wanted in my free time? Sucks for the company offering that contract, but maybe they should avoid trying to break the law next time my contract is up for negotiation.
> If you think that shouldn't be allowed, then you disagree with a huge chunk of contract law.
Correct. Fortunately I also agree with some parts of contract law. Specifically the parts that would make 'You are not allowed to use your personal email account as a "hobby".' an illegal thing to actually enforce.
If the clause is illegal, yeah. In almost every jurisdiction on the planet, a contract containing a clause that is illegal renders that clause invalid, and the rest of the contract stands. So why would I not collect my free $10,000 and continue doing whatever I wanted in my free time? Sucks for the company offering that contract, but maybe they should avoid trying to break the law next time my contract is up for negotiation.
> If you think that shouldn't be allowed, then you disagree with a huge chunk of contract law.
Correct. Fortunately I also agree with some parts of contract law. Specifically the parts that would make 'You are not allowed to use your personal email account as a "hobby".' an illegal thing to actually enforce.