Posted on 06-Apr-2004 07:24 GMT by Christian Kemp (Edited on 2004-04-06 10:09:44 GMT by Christian Kemp) | 1057 comments View flat View list |
I am currently being threatened by my former employer (they are "compelled [to] take action against [me]") for the way I am running ANN, and how this allegedly violates my employment contract with them ("interfere _in any manner_ with any business relationship between the Company and any of its customers or business partners"). This might entail drastic changes to the relative freedom of speech ANN has always allowed its visitors, or ANN might close down altogether. Updated 10:00 CET.
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Legal threats? : Comment 449 of 1057 | ANN.lu |
Posted by Anonymous on 07-Apr-2004 04:46 GMT | In reply to Comment 448 (Anonymous): let me clarify, at elast in europe, law is above whatever your contract states and there are lots of cases where this has been found.
My favourite example is when the swedish air force tried to use employment contracts for to-become fighter pilots that said something along the lines of "blah blah blah we pay for your training to become jat pilots but you may not quit and start working for a commecrial airline for at least x number of years or we will sue you blah blah blah".
some people quit from the airforce immediately after graduating and getting their certificate and started piloting for SAS.
airforce tried to sue,
went all the way up to european court and the decicion was something like:
To Swedish airforce, you can not keep your employers to want to stay employed for you, too bad. your problem not theirs.
These guys are trained pilots and their trade is flying airplanes.
Your contract clause is irrelevant since it violates european law.
You can not contractually prevent people from performing their trade, that would be slavery.
If you dont want people to quit working for you you should do something to make your offer more attractive.
whatever they do after they resign or are fired are their decision and none of your business.
So, if you are european, you dont need to bother about clauses in your contract about who or where your go after you resign, or what salary you get, it is all void and none of your previous employers business and will be laughed at in court.
less advanced societies may have different laws. |
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