Episode #125 of the Stack Overflow podcast is here. We talk Tilde Club and mechanical keyboards. Listen now
13

A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire employees who refuse, whether immediately or at the end of their current term, as another answer observes. Indeed, if Big Company makes an NC a condition of ...


10

I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (most likely), they can present you with a "sign or be terminated" ultimatum. In case you have a term employment contract, you can be forced to sign at the end of ...


5

This is neither unusual nor illegal, assuming that the buyback price is specified in the agreement. If your friend does not wish to take advantage of the "nice discount" he can decline the deal, and decide for himself whether he wishes to buy shares without restriction, at the market rate. (It would be interesting to know what happens if he sells his shares ...


5

You asked the rep about how to change some details on your account, and asked him about the cost. It is clear from the recording that you are not changing anything right now. I can't see anything where you state that you want to enter a contract right now, I can not see anything where the rep indicates they want to enter a contract right now. In other words, ...


4

Such agreements are extremely common In fact, companies can issue redeemable shares to the market which can be bought back at any time from the current owner. Such shares normally trade at a discount to the company’s ordinary shares. Of course, companies can also buy back their ordinary shares on a voluntary or compulsory basis anyway. Unpacking your ...


4

Can they? Well, they'd sure like it if you signed. I'll guarantee you that their agreement is entirely to their benefit, and not to yours. This happened to me once, back in the halcyon days of the 1990's. The company I worked for (a small-to-middling size contracting firm in the wilds of northern Ohio) was being sold to a large-ish national contracting firm ...


4

You reach a settlement instead of a judge deciding a court case if both sides agree that a settlement is better for them than paying court costs, lawyers cost, the risk of losing, having embarrassing details published, distraction for a business, waste of time, and the stress of a court case. If the plaintiff wants to be able to publish details of the case,...


2

Yes, but yours isn't one of those For the basics of a contract see What is a contract and what is required for them to be valid? Technically, a contract exists independently of its documentation - just like the black eye is evidence of the assault rather than the assault itself, the contract documentation is evidence of the contract, not the contract. ...


2

SHORT ANSWER The hold harmless agreement binds you individually if you sign it individually. But, you may have liability to the firm you are contracting with as a matter of law anyway, as an individual, unless that is expressly waived by contract with the person who might otherwise sue you. You should get liability insurance for yourself and your LLC. If ...


2

Penalties are unenforceable in a contract What is a Penalty? A penalty is a clause that sets a harsh monetary punishment for the breach of a contract term, or failure to uphold contractual obligations. At first view, this type of clause may appear attractive to those who wish to ensure that the other party performs its obligations. However, if ...


2

The common form of analyzing an issue like that in law school is in "IRAC" form. This stands for: Issue, Rule, Application and Conclusion. Thus, you might write something along the lines of: Issue: Does risk of loss to damage fall on a customer who has selected a good to purchase but not yet paid for it, or on the seller? Rule: Risk of loss ...


1

The term "misstatements of fact" would be far more conventional. When a statement is not true, it is a "misstatement", and that term does not imply any particular degree of intent. It is not synonymous with a "lie" or a "fraudulent statement".


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In general, a contract will state who the parties to the contract are, often near the top of the contract. If the contract says that the parties are "John Jones" (the instructor) and "Great Bend Yoga Studio" Jones may be bound personally, even if Jones signs as manager of "Jones Courses, LLC". It is better practice for the contract to be written so that it ...


1

Why is it common for settlment agreements to be confidential? if someone else is in a similar situation why shouldn't they seek a similar outcome? It has to do with the obligor's intent (1) not to place himself on the weak side of information asymmetry with respect to other plaintiffs, and (2) to make it more difficult for others to conjecture that the ...


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