Mailinglist Archive: opensuse (4570 mails)

[Curtis Rey <crey@xxxxxxxxxx>]

On Mon November 14 2005 15:48, suse_gasjr4wd@xxxxxxx wrote:
> On 11/14/05 4:19 PM, "Doug McGarrett" <dmcgarrett@xxxxxxxxxxxxx> wrote:
> > The company I worked for for 21 years made me sign an agreement when I
> > was hired, that if I left for any reason, I would not work in the same
> > business for 2 years after leaving.  I assume that this was/is legally
> > binding in the United States.  This was a Fortune 500 company, so they
> > must have had good lawyers.
> >
> > --doug
>
> Don't bet on it.
> They can't restrict your right to make a living at what you do.
>
> Many, many companies do things that aren't exactly legal, knowing that the
> person will assume that it must be right. My wife and I both went after
> different companies for back pay and other things. They never had a clue
> that we knew what they had us sign was not legally binding. We wanted a
> paycheck, so we signed. When it was time to leave, we spoke to different
> lawyers, they read the contracts and said we didn't need them. Things were
> a matter of US federal law...just mention what law and they will back down.
> We did just that and got our money in days.

Precisely!!!  Contracts that are meant to be legally binding are only binding 
insofar that they adhere to State and more over FEDERAL STATUTES.  And in the 
event that the contract is worded in such a manner that one might be 
"signing" away their rights, this is only binding once again to the point 
that Civil rights and/or criminal law is not violated.  In the event that one 
"signs" away their rights they are only generally binding as it pertains to 
certain business laws and contracts.  And this is limited, it's just as 
you've pointed out - most people aren't aware of this and you'll not hear any 
company mention these on pain of death.  

I am an R.N. Case Manager.  One of my functions is to get authorizations for 
people get medical treatment and diagnostic testing.  Many of the people that 
I work with formerly worked for insurance companies.  They've told me flat 
out that they were told by their superiors not to pay out what they 
absolutely don't have to, not to give any more info than they're legally 
obligated to and only if asked repeatedly.  It's not unlike the Capital One 
commercials - their moto is "Always Say NO".

>
> Corporate America thinks they can bully the public and employees around. If
> you read any contract, many if not most will say each party has the right
> to end the contract at any time, for any reason. But it's in very fine
> print.

I hate to seem so arrogant or demeaning, but most employees know little if 
anything about their rights and corporate America likes it that way.  In fact 
they go to great lengths to ensure this continues.  

>
> So in the end, as my lawyer said, "it's just a piece of paper. We have many
> and they are all worth the same. It's all a matter of how much of a stink
> they want to put up."
>
> I've got out of T1 contracts, DSL contracts, cell contacts, all types of
> things knowing what he told me.
>
> Companies try to do what ever they want, knowing the public won't do
> anything. Hell, my alarm company just last week tried to get me to pay for
> a new battery, for a system they own. Why would I pay for something they
> own? That's Brinks for you...

I agree and have basically told many a company to go pound sand and refused to 
play along.  My service continued as if the conversation never happened and I 
didn't have to pay a cent.  Now if we can just do something about all those 
supposed federal and state fees/taxes that only seem to exist with my power 
company.  

Cheers, Curtis.

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