5 ms·

I don't think that employers pay any premium whatsoever for these extra clauses. Have you ever heard of jobs with these conditions being paid more? So exactly

• greenyoda 13y ago
  The consideration was the severance payment, which in the article was worth two weeks of salary.
  • JackFr 13y ago
    You are correct -- if the employer was providing nothing more than their existing legal obligation, there was no consideration on there part, and thus no contract. The point of course, then, is that signing gave away nothing.
  • alextingle 13y ago
    Are you really asserting that employers who don't ask leavers to sign gag-clauses usually pay zero severance?? On the contrary, I assert that severance pay is normal with or without the gag-clause. So the employer has put the "value" of signing agreement at zero.
    • greenyoda 13y ago
      Severance payments are not legally required in most U.S. states. The company might usually make a severance payment (because ex-employees usually sign whatever the company asks them to), but if you don't sign their agreement, they won't give you a severance payment. So the cost of not signing is whatever the severance was worth.
      • alextingle 13y ago
        You are assiduously avoiding my point. I said nothing about any legal requirement to severance pay. I asked you about what is usual. If there is no difference between the usual severance pay from gag- and no-gag-employers, then employers value the gag-clause at zero.