Unenforceable contracts favor the party with the larger legal budget.
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I think it's generally a bad idea to assume you're better at navigating the law than your counterparty is
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Oh yes, they can be enforceable. I know that for a fact. :)
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I'd never heard that thing about market rate before. May be true somewhere, but... Sounds unlikely in most jurisdictions. A contract can absolutely require you to sit at home and go broke, depending on terms.
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Yes, it's not that they're unenforceable, it's that they're unenforceable *in some places,* and it's nearly impossible to predict in advance what law will ultimately be applied (since that depends on things like where your next job is & where your employer succeeds in suing you).
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So many misconceptions esp the one about Europe where all developers are M&P grades so a lot of the alleged restrictions on OT don't apply to us.
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