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No, because all real employment contracts (and most other contracts, besides) will have a Severability clause that says if anything in it is found to be unlawfu
by derf_ 3y ago
No, because all real employment contracts (and most other contracts, besides) will have a Severability clause that says if anything in it is found to be unlawful or unenforceable, then the contract will be modified to the minimum extent required to fix the problem (meaning any unrelated provision will remain in full force).
- gamblor956 3y agohttps://www.hcamag.com/us/specialization/employment-law/does-your-arbitration-agreement-include-a-severability-clause/426936 https://www.hcamag.com/us/specialization/employment-law/does... In a nutshell, severability clauses may not save an employment contract plagued by illegal terms (in the case above, related to mandatory arbitration). In California at least, the presence of unconscionable terms can render the entire contract unconscionable when viewed as a whole.
- surfacing_vol 3y agoRight -- while most agreements will include severability clauses, they may not be enough to save an agreement. Over time, New York, for example, has frowned on "blue-penciling" employment agreements: https://www.kramerlevin.com/en/perspectives-search/when-blue-penciling-fails-to-come-to-the-rescue-new-york-federal-court-refuses-partial-enforcement-of-restrictive-covenant.html https://www.kramerlevin.com/en/perspectives-search/when-blue...