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21. Re: Activision Suing EA over West and Zampella Dec 22, 2010, 15:56 Flatline
 
Creston wrote on Dec 22, 2010, 14:33:
Yosemite Sam wrote on Dec 22, 2010, 13:41:
So um I dont understand, is it now illegal in the US to entice employees to your company with promises of better pay or working conditions? Are you not allowed to choose where you work, I just dont see how Activision has a case here.

I assume that IW had some kind of non-compete clause in their contract that prohibited contact with other publishers while they were in the employ of Activision. That's fairly standard in high-tech jobs.

Creston

Speaking from personal experience, non-compete clauses are *really* hard to enforce legally. If the employer screws up in even the most minor way, the non-compete clause goes out the window.

My employers many years ago put in a non-compete clause for something ridiculous like 10 years after I worked for them, ensuring that I couldn't work in the industry at all in a new work contract they then declared "sign or you're fired". Which turned out to be legally problematic for various reasons that I won't get into. Then they violated my contract in a few other ways, and fired all their employees anyway to hire them back at less than minimum wage as a private contractor. We all walked.

When my old clients sought me out, I got threatened with a lawsuit. I spent 100 bucks on a lawyer, who laughed, said that I had nothing to worry about because there was enough dubious behavior on my employer's part to negate the non-competition clause, wrote a letter, and that was the last I heard of it.
 
 
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