23 ms·
https://www.hcamag.com/us/specialization/employment-law/does-your-arbitration-agreement-include-a-severability-clause/426936 https://www.hcamag.com/us/specializ
by gamblor956 3y ago
https://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...