Quoting kevin lyda (kevin+dated+1041643483.b9910b at ie.suberic.net):
> ok, your whole note was informative.
<mock Wodehouse accent>
We aim to please, sir.
</mock Wodehouse accent>
> but i'm wondering if you couldn't get a fair income counter-suing.
> couldn't anti-slapp laws fit in here?
Around my quasi-republic, the SLAPP statutes (which, again, would be
at the state level) are rather narrowly focused on sanctioning frivolous
_litigation_ brought by a deep-pockets plaintiff with the apparently
primary aim of chilling 1st Amendment rights of free speech and of
petitioning one's government officials. Essentially the SLAPP statute
gives you a large club to hit back with (in any suitable tort action
brought against you), if you allege that you in a matter of
public-policy interest. Early in the case, you file a writ with the
judge claiming that the lawsuit is a SLAPP. The judge decides, in light
of the state's anti-SLAPP statute, whether the suit has an a-priori
probability of winning and whether it is properly characterised as a
SLAPP. If he agrees with your writ, he dismisses the suit on the spot
and orders the plaintiff to pay your legal expenses.
There might be better grounds for tort suit _by_ the employee, e.g,
interference with your subsequent contracts or economic advantage. But
I suspect that a more winning strategy is to get "No, you can't put crud
like that in employment contracts" laws through the legislatures.
Which I'd put fairly high in priority, but outranked by the need to
convince His Illiteracy in Washington to please not invade somewhat
arbitrarily chosen countries at the drop of a hat. (Oops, did I say
> though i suppose winning a suit would be cold comfort to
> being blacklisted.
> and yes i know this is verging away from ilug, but we're wandering
> far away from a market that was employee-friendly. people should know
> what their rights are.
That would be nice. For example, if you'd like to host a Web page about
California employment law stressing informing employees of their statutory
rights regardless of what they think they remember signing, I'll bet a
carefully anonymous little birdie can direct you to the exact wording of
the applicable statutes. ;->
Cheers, Remember: The day after tomorrow is the third day
Rick Moen of the rest of your life.
rick at linuxmafia.com
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