3 ms·
While I am reluctant to suggest that the courts require specific performance (continuing to work) for employment contracts, awarding damages to the other party
by ShabbyDoo 14y ago
While I am reluctant to suggest that the courts require specific performance (continuing to work) for employment contracts, awarding damages to the other party does not seem terrible. Does California law allow for damages to be awarded in such cases?
- anamax 14y ago> While I am reluctant to suggest that the courts require specific performance (continuing to work) for employment contracts, awarding damages to the other party does not seem terrible. Why are you assuming that "employees" will sign such contracts? Suppose someone shows up to work. How does the court determine whether they're working per contract? (If someone says "I don't have any patentable inventions this month", do you think that they should be penalized?) CA allows non-competes in certain circumstances.
- skmurphy 14y agoin particular CA courts will enforce non-competes against the owners of one company who sell it to another. This means that the acqui-hired can be subject to an enforceable non-compete by the acquiring company.
- ShabbyDoo 14y agoI see your argument. Unless an employment contract stipulates specific work deliverables (even showing up, etc.) , it really is just a non-compete which might require the employee to pay the employer in the case of early termination by the employee.