[CLUE-Talk] Big Cajones

[Jed S. Baer]

"Jed S. Baer" wrote:
> 
> Look for a "rule of law" clause in your contract. This is the clause
> which states which state law the contract shall be interpreted under. If
> there is one, and it isn't Colorado (Delaware would be bad), then you
> should realize that they can seek an injunction in the state they're
> incorporated, IIRC, and that can get very messy. If there is no such
> clause, then the default would be the state in which they're
> incorporated, or Colorado, if they have offices here, and you work "out
> of" that office. Again, potentially messy.

I hate when I bollix up the wording like that. Again, IANAL, and all
this is from memory which I admit is a bit stale. I believe that if the
company were to seek injunctive relief, etc., they would use the courts
in the state specified in the "rule of law" clause, if it exists,
otherwise they would use the courts in the state where they are
incorporated. The fact that you're here in Colorado makes things a bit
more complicated, if your former employer is incorporated in, say,
Nebraska. Whether they have a permanent presence here makes a difference
as well.

I always strike such clauses out of employment contracts, and rarely
have companies object, because they admit such are unenforceable in
Colorado.

Regards
jed
-- 
Everyone takes the limits of his own vision for the limits of the world.
 - Arthur Schopenhauer