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Are these clauses red flags? Are they even legal? Sounds very onerous..

Irvine, CA |

I am currently an independent IT consultant who is self-employed. I have a job offer at a Company where the Employment Agreement has a couple of odd clauses. For example, the agreement says:

1) "i grant consent to my employer to contact all future employers about my obligations under this contract".

2) Another clause in the contract asks that I keep this employer informed of my home and business address for a period of three years after the employment is terminated so they can inform me of my continuing obligations..

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Attorney answers 3

Best Answer

The clauses are not "illegal" but are subject to negotiation. If this is a serious, potentially long term commitment, an hour or two with an attorney, to discuss issues like "work made for hire" and other IP and employment issues, would be worth the expense.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.



Thanks for the wonderful feedback.


The contract needs to be analyzed by an employment law attorney to determine whether the "continuing obligations" and other clauses are unlawful, etc. For example, if there is a noncompete clause, those are invalid in CA.


The provisions are not illegal. The employer may have included them to help protect against the possible theft of trade secrets.

You are certainly free to negotiate and propose modifications of these provisions, or even to ask that they be stricken completely. You can also ask your proposed employer directly why it has included these provisions.

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