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They don't have to hold up in court to have a significant chilling effect on the job mobility of the employee who signed it.

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There are a lot of things like this. Companies write all sorts of non-enforceable terms into contracts all of the time. That's why people should consult an employment lawyer when you start and end a job. Paying a few hundred dollars for a consult/review is worth knowing your rights.

Yup, my company had a clause that I could never talk bad about them in one contract. I refused to sign as I don't give away civil liberties for money. What amazed me was that almost no one else even bothered to read it before signing.

I had a similar non-disparagement clause. Not bad talk about company and especially CEO. I asked for a sunset clause, HR asked if I wanted my money or not. Sent it past a lawyer friend and he said take the money because it would never hold up.

I also to opt-out of Rapiscans and get pat-downs at the airport to stand up for my 'liberties'. After feeling violated after the recent 'enhanced' one where some dude rubbed every part of my bait and tackle for 2-3 min I decided to give up that fight to. No money though.

Modern America, eh?

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