1) and 2) both go out of the window if you add to the equation this little fact that company almost always has an upper hand over a single (soon-to-be) employee

1) and 2) both go out of the window if you add to the equation this little fact that company almost always has an upper hand over a single (soon-to-be) employee. Freedom of contract would be "always a good thing" if the parties held the same power in their relationship.