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>Usually, ignoring them is easier than negotiating the contract. You're mistaken. If the other party to the contract doesn't believe you, they may enforce the
by Sir_Substance 10y ago
>Usually, ignoring them is easier than negotiating the contract.
You're mistaken. If the other party to the contract doesn't believe you, they may enforce the clause anyway, and then you'll have to pay for a lawyer to go and get it unenforced.
Particularly if the clause was related to something time sensitive (e.g. something to do with shares, or something that prevented you from launching a product at the right moment), the court will not reward you for the opportunity value lost.
If the clause is not legal, you should address that /before signing/ and have it removed from the contract. Doing otherwise on the assumption that the clause is unenforceable is arrogant and puts way too much faith in your local judicial system. It probably won't bite you in the arse, but it's one of those "if you do shoot yourself in the foot, you're gonna blow your whole damn leg off, not just the foot" situations.
- user5994461 10y agoPartially agree. For sure: Don't fuck with shares or anything important that might blow your leg off. I'm talking of minor things. Like the classic non compete "You can't work in <x> domain for 1 year after you leave <company>". It's illegal and invalid at the place I was when I signed that contract (safe advice: don't generalize). Every one knows it's not valid. If the company wants to enforce it, they also have to take lawyers and risk their reputations. Then it will go to trial, where the judge will pick up the exact same case for 10 years ago that defined 1) that clause is invalid 2) company loose the trial and can't appeal 3) exact figures for damages and payback.