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by kjs3 1043 days ago
Wrong. Putting you in the situation where you have to go to court to defend yourself from an illegal clause is screwing you. And the assumption that just because one court say "that's wrong" automatically means the one your litigating in will too is comically bad.

The legal system isn't a computer that has deterministic outputs.

2 comments

And the costs when you win can be the tens of thousands of dollars, even if you get awarded fees (which isn't guaranteed).

And when going up against an adversary with hordes of lawyers on salary, you don't want to end up in court.

This is France, it's "loser pays" territory, so you don't have the perverse incentive to enforce illegal terms through the threat of litigation.
I don't know which country you're in, but in France we have quite strict rules as to how some clauses must be structured in a work contract to be valid.

For instance an non compete clause which is not limited to a certain geographic area is invalid, period. Yet some companies apparently don't know this. They copy paste boilerplate which doesn't hold up in court.

And no court can rule against this as the supreme court has already decided what makes a non compete clause valid and it is very precise in the requirements.