Re: "Prior Inventions" on employment contract

[Douglas Handy <dhandy1@xxxxxxxxxxxxx>]

Steve/Dan,

>AFAIK, if signing the contract is a condition of employment and signed prior
>to starting the job, then it is probably valid and enforceable.

IANAL, but that is not necessarily true.  By way of example, no contract
condition can be enforced if it is requires you to perform illegal activity.  It
also can't be enforced if the terms themselves are illegal.  For example, a
poorly written non-compete clause can be unenforceable if it is too broad in
scope -- even if you agreed to it in writing prior to employment.

Nonetheless, the real issue with what is enforceable or not is often not the
technicality of what is or is not enforceable.  It is whether you can afford to
fight it even if you are right.   Too often the side with the deeper pockets
(typically the company) can use legal manuvers to make it too costly for the
other party to fight.

Remember, it is called a court of law, not a court of justice.  That goes a long
way towards explaining why so many court cases don't seem just..

Doug