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She wasn’t required. She had the agency to choose not to sign it.
by twoodfin 1y ago
She wasn’t required. She had the agency to choose not to sign it.
- hliyan 1y agoConsider that you have no agency if a gun is pointed at you, and that you do have agency if the gun is a water pistol. In your mind, does everything in between exist in a spectrum, or do they fall into one of the two buckets into which the above two scenarios fell? I.e. is your conception of agency binary or continuous?
- JKCalhoun 1y agoI don't think that matters in terms of whether it is even enforceable. I could sign a document allowing management to take my first born son but them doing so is not legal. "But he signed it!"
- twoodfin 1y agoSure. Was that what happened here, or was it an everyday contract to enforce confidentiality in return for some benefit?
- cmiles74 1y agoIf people are being forced to sign anti-disparagement agreements “everyday”, I think that is pretty concerning.
- loeg 1y agohttps://www.law.cornell.edu/wex/unconscionability https://www.law.cornell.edu/wex/unconscionability
- luckylion 1y agoYou could also sign an NDA. And then you'd be bound by that NDA to not disclose the information it is protecting. Should penalties from that should also be non-enforceable because it would limit what you can say?
- jowea 1y agoWe aren't allowed to sell ourselves into slavery.
- tzs 1y agoA significant difference is that it is not legal to own slaves or trade in slaves. That makes contracts for the sale of slaves inherently unenforceable. It is not illegal to refrain from speaking. If you want to enter into a contract that requires you not to speak under certain circumstances there is probably nothing inherently unenforceable about it. I'm pretty sure for example it would be legal for the Diogenes Club [1] to expel you if you violated their no talking rule, if someone would actually make a real Diogenes Club. [1] https://en.wikipedia.org/wiki/Diogenes_Club https://en.wikipedia.org/wiki/Diogenes_Club