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Sure is unusual how a lawyer, versed in California employment law, drafting a contract and including terms he knows are unenforceable, in an attempt to mislead
by deogeo 7y ago
Sure is unusual how a lawyer, versed in California employment law, drafting a contract and including terms he knows are unenforceable, in an attempt to mislead a worker and cheat them out of their rights, isn't considered fraud.
- master-litty 7y agoYeah, that's... Interesting. Is this truly something that simply has no repercussions for the lawyer?
- deogeo 7y agoI'm not sure how it is in that specific case, but in general the penalties can be very severe. For example, when Apple was misleading Australians that they have only 1 year of warranty, instead of the 2 guaranteed by Australian law, they received a strongly worded letter from the courts telling them to stop. [1] [1] https://www.zdnet.com/article/apple-forced-to-comply-with-australian-consumer-law/ https://www.zdnet.com/article/apple-forced-to-comply-with-au...
- social_quotient 7y agoParts of the agreement aren’t enforceable but not everything? I’ve seen things like venue and arbitration rules established and persist in otherwise junk agreements. I see a lot of contracts from customers buying our dev services with weird language in it. The opposing counsel would have to know it not enforceable but it’s there anyway. Sometimes it’s silly stuff like “no open source software or code” yet it needs to be MEAN stack running on Ubuntu in AWS.