3 ms·

Why do you have to fix an unenforceable clause at all? On moral principle? Are they gonna tell you over some barbeque, "Hey by the way Bill you know and I kn

Why do you have to fix an unenforceable clause at all? On moral principle? Are they gonna tell you over some barbeque, "Hey by the way Bill you know and I know that we can't TECHNICALLY enforce the clause preventing you from working in this industry for two years after leaving your position with us but we both know that it was very shitty of you to take a job in this same sector." Who's going to say that with a straight face? Is there a moral aspect? If there's no moral aspect, why do you have to revise unenforceable clauses? ("let sleeping dogs lie.") I wanted to make sure the proverb I said was what I meant, this is the dictionary definition that came up: "avoid interfering in a situation that is currently causing no problems but may well do so as a result of such interference." Doesn't that describe redlining unenforceable clauses you don't like? ----- EDIT: Thanks for the replies guys. I was specifically asking about California. I think the replies give good reasons why you should redline unenforceable clauses (and this comment has been downvoted, but I'm keeping it for context for others reading the thread.)

etjossem 9y ago
I had to do this in a place that wasn't California. Also, they generally don't track you down at a barbecue. They'll try to tell the company you are jumping ship to that your employment there would be illegal, as TSG Finishing did. The future employer will then have to send back strongly worded letters clarifying California employment law. Frankly, you want to avoid that whole mess in advance.
dsacco 9y ago
I think the comment might be inclusive of noncompetes in territories other than California, which are more often than not encorceable.
joeblow9999 9y ago
There is the small issue of whether or not your personal integrity allows you to sign an agreement you do not intend to abide, regardless of the legality.
- marcosdumay 9y ago
  Well, somebody is trying to impose something so absurd onto you that it is illegal, and you still have moral issues about lying to him?
  - umanwizard 9y ago
    Why would legality change the moral aspect? The law is an imperfect reflection of morals, not the other way around. Most people's sense of morality is not based on the law. It's possible for perfectly reasonable people to think non-competes are not "absurd", regardless of California employment law.
  - chrisbennet 9y ago
    That's one of the qualities of having integrity - a lack of integrity in others does not change your behavior.
pyre 9y ago
The "un-enforceability" of the clause really depends on the judge you get if it goes to court (if it's not codified in law). By not being proactive, you are rolling the dice on how the judge will rule (and on all of the fees associated with defending yourself in court).

etjossem 9y ago

I had to do this in a place that wasn't California. Also, they generally don't track you down at a barbecue. They'll try to tell the company you are jumping ship to that your employment there would be illegal, as TSG Finishing did. The future employer will then have to send back strongly worded letters clarifying California employment law. Frankly, you want to avoid that whole mess in advance.

dsacco 9y ago

I think the comment might be inclusive of noncompetes in territories other than California, which are more often than not encorceable.

joeblow9999 9y ago

There is the small issue of whether or not your personal integrity allows you to sign an agreement you do not intend to abide, regardless of the legality.

marcosdumay 9y ago
Well, somebody is trying to impose something so absurd onto you that it is illegal, and you still have moral issues about lying to him?
- umanwizard 9y ago
  Why would legality change the moral aspect? The law is an imperfect reflection of morals, not the other way around. Most people's sense of morality is not based on the law. It's possible for perfectly reasonable people to think non-competes are not "absurd", regardless of California employment law.
- chrisbennet 9y ago
  That's one of the qualities of having integrity - a lack of integrity in others does not change your behavior.

pyre 9y ago

The "un-enforceability" of the clause really depends on the judge you get if it goes to court (if it's not codified in law). By not being proactive, you are rolling the dice on how the judge will rule (and on all of the fees associated with defending yourself in court).