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Article #304

Re: Postdoc repayment agreements; possible to get out of one?

#304
From: Enrique Rame
Date: Fri, 29 Mar 1996 00:00
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Disclaimer: I'm not a lawyer and these are only my opinions. You are
responsible for your own actions and consequences thereof related to
your acting on any of my opinions. I'm not responsible for any
cosequences that any of your actions might bring upon you or upon
anybody else if you act on any of my opinions.

So, here goes:
There's a difference between "to decide to leave the field and work in
something other than medical or health related teaching or research
(MOHRTOR)", and to be forced to work in something else because you
didn't find a position in MOHRTOR.

The only way they could enforce this is if they themselves offered you a
contract AND you don't have a better offer elsewhere in a different
field.

As another poster indicated, for how long do you have to keep your job
in MOHRTOR? What if you're laid off a month after starting?

This all sounds pretty unenforceable. It's very similar to corporations,
where you sign a contract that says that "if you leave you can't work in
the same field for 5 years after leaving". This is in effect
unenforceable because to enforce it would jeopardize the person's
ability to find work after leaving the corporation. Any court would side
with the worker, I believe.

-enrique

===============================================================================
Enrique Rame                         ||        Email: er2n+@andrew.cmu.edu
Physics Dept.  Carnegie-Mellon Univ. ||        Voice: 412-268-2762
Pittsburgh, PA 15213, USA            ||        Fax:   412-681-0648
===============================================================================
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From: Enrique Rame <er2n+@andrew.cmu.edu>
Subject: Re: Postdoc repayment agreements; possible to get out of one?
Date: 1996/03/29
Message-ID: <wlL2RvC00iWZ44dqZ3@andrew.cmu.edu>
X-Deja-AN: 144879794
references: <4jf83a$phv@nyx10.cs.du.edu>
organization: Physics, Carnegie Mellon, Pittsburgh, PA
newsgroups: sci.research.postdoc,sci.research.careers,sci.research,bionet.general