Bob Schwier on 22 Nov 2003 12:02:02 -0500


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Re: [PLUG] Legal Question


The problem on your side is that you might have to waste the time and
money in court defending yourself. You could win but they have deep
pockets to pay lawyers to stifle you.
Lawsuits are like bluffing in poker.  You may have a good hand but not
enough of a war chest to win.
bs


On Fri, 21 Nov 2003, Tom Ryan wrote:

> IANAL either BUT a good comparison to this would be signing a check from 
> an insurance settlement.
> 
> I would imagine that the company that gave you this check has a lawyer AND 
> said lawyer reviewed this concept before it went out.
> 
> I would imagine you have little to stand on, but AGAIN IANAL :)
> 
> Tom
> 
> On Fri, 21 Nov 2003, Tobias DiPasquale wrote:
> 
> > On Fri, 2003-11-21 at 18:02, Paul wrote:
> > > Is this legally binding?  Say I'm an employer and I give an employee a 
> > > $1000 bonus.  Accompanying the bonus is a letter stating that if the 
> > > employee quits or is terminated within six months the employee will have 
> > > to repay the $1000.  The employee isn't required to sign the letter, but 
> > > cashing the check is taken as agreement with the terms.  Can those terms 
> > > be legally enforced?
> > 
> > IANAL, but I believe that if he didn't sign anything, he doesn't agree
> > to the terms. Shrink-wrap licenses are similarly unenforceable.
> > 
> > 
> 
> -- 
> _______________________________________________________________________
> Tom Ryan                                            Voice: 856-225-6361
> Consulting System Administrator                       Fax: 856-969-7900
> Rutgers School of Law - Camden
> 
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