this post was submitted on 05 Aug 2024
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Legal Advice

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I quit a job in California. After my resignation, they sent me an email requesting that I confirm I turned over all employer property, and asked me to sign an agreement with the following:

Do I need to respond at all? Can I strike that if I don't agree to that last statement? How should I handle this?

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[–] [email protected] 42 points 3 months ago (2 children)

Do not respond, do lawyer up. Sounds like they know they fucked up and they want to shut you up.

[–] surfrock66 12 points 3 months ago (1 children)

Sounds like the plan, I am not going to respond.

[–] yokonzo 5 points 3 months ago

Keep us posted OP

[–] Nosavingthrow 9 points 3 months ago
[–] perviouslyiner 39 points 3 months ago* (last edited 3 months ago)

The time to form contracts is when both parties will benefit. If they're offering something in return for this signature, you get to decide whether you want to take those benefits.

If not, just say you're not interested in forming new agreements with them. Last time I was in a meeting with a manager trying to get a similar form signed, the phrase "this looks like a contract and you're not offering anything in return" was useful, or "if this is merely a summary of what we've already agreed, then there is no need for a signature"

Contracts you've already agreed to (i.e. the original employment contract) would still apply, so look there to see if there's anything relevant to this situation (which, as others have mentioned, might still get overridden by actual laws)

[–] [email protected] 20 points 3 months ago* (last edited 3 months ago) (2 children)

I am not a lawyer but i would ignore it. Unless they offer you a severance bonus or something and make it contingent on signing. If you're not a fiduciary and nothing was in your original employment agreement, spill the beans once you're free. Don't lie or be emotional, keep it truthful and clean.

[–] surfrock66 7 points 3 months ago* (last edited 3 months ago) (3 children)

Edited by user. I was offered no severance.

[–] [email protected] 11 points 3 months ago (1 children)

So they're asking you to sign a contract without "consideration", ie you get nothing. Hard no.

[–] PlantJam 3 points 3 months ago (1 children)

Coincidentally a contract without consideration is not legally enforceable.

[–] Anticorp 2 points 3 months ago

Really? That's useful information.

[–] breetai 2 points 3 months ago

Not a lawyer but recently used a lawyer for something similar. They are hoping you’ll sign it.

Normally they tie it to a payment to get you to sign it.

[–] phoneymouse 14 points 3 months ago

Pretty sure this is illegal now.

[–] [email protected] 12 points 3 months ago* (last edited 3 months ago) (1 children)
[–] perviouslyiner 3 points 3 months ago

Lemmy bringing the textbooks!

OP, para (b)(1)(B) gives some information that the employer might have forgotten to mention.

[–] [email protected] 10 points 3 months ago

Get an attorney that specializes in whistleblowing cases before you sign anything.

[–] [email protected] 8 points 3 months ago

You seem to have nothing the gain from signing this. Similar to how you’d have nothing to gain by speaking to the police.

(I am not a lawyer)

[–] SkyezOpen 7 points 3 months ago

That's such a short contract I can't help but think their legal department was nowhere near involved in writing it. It's way too broad and may violate state labor laws, but I'm not a lawyer.

[–] Anticorp 3 points 3 months ago

No. They cannot require that you don't say anything negative about them. Lumping all of these together seems illegal.