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On Aug 31, 8:00 am, "Gattman" wrote:
"Bob Fry" wrote in message ... "GM" == Gattman writes: GM Most recently I had to sign a contract rider for a job I GM already have that says I won't badmouth the company for six GM months after I quit. To get even more off-topic, that seems unenforceable, I violation of the free speech clause of the US Constitution. Non-disclosure of company secrets, sure. Non-compete, maybe. Non-trash-talk? My wife is having a field day with it. She's in human resources and says companies pull these kinds of stunts all the time. For example, many companies in the tech industry have a clause that says they will fire you for discussing your salary with other employees. Turns out, they don't have to fire somebody for it to get sued for it. It's illegal. But many companies either don't know it or they do it for as long as they can get away with it. Your wife may believe that but at least in California the courts have provided us guidelines for such agreeements to make them enforcable. This was almost a week of class of our employeement law course. With regard to being sued, it makes no difference. In most states anyone can sue anyone at any time for anything so it makes no sense to worry about being sued. What you do is try to follow the guidelines outlined by previous courts to ensure that the courts will look upon you with favor. Besides, most all technology companies require binding arbitration as part of their employment contract. -Robert |
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![]() "Robert M. Gary" wrote in message ups.com... Turns out, they don't have to fire somebody for it to get sued for it. It's illegal. But many companies either don't know it or they do it for as long as they can get away with it. Your wife may believe that but at least in California the courts have provided us guidelines for such agreeements to make them enforcable. (True: We're in Oregon. Different states handle that differently.) |
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