News for hackers. Stuff that matters.

A comment on Fired? Speak No Evil. Parent comment

Re:Fired? Speak No Evil by jaynos on Friday January 03, 2014 @11:50AM (#7006416)
IANAL, but is that clause even enforceable if tied to severance? Seems like a reasonable argument could be made that signing such a clause when tied to severance negotiations would fall under "duress" from a legal standpoint.
[ Parent | on HN ]
Re:Fired? Speak No Evil by danielweber on Friday January 03, 2014 @12:01PM (#7006495)
If the company says "sign in the next 5 minutes or else" than maybe. But the company wants you to sign.

And the lawyers who crafted up the contract don't want it to be thrown out for some stupid reason, so they will advise your (about to be ex-)employer to let you take it home to read it and think about it.

[ Parent | on HN ]
Re:Fired? Speak No Evil by njharman on Friday January 03, 2014 @04:01PM (#7008098)
The opposite. To be legally enforceable each party to a contract must be receiving something of value.

Duress would apply if someone is forcing you to sign.

[ Parent | on HN ]