Pressured into signing new employment K

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Latest post 11-09-2012 10:45 AM by ca19lawyer2. 4 replies.
  • 11-08-2012 5:18 PM

    • Ben37
      Consumer
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    • Joined on 11-08-2012
    • MA
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    Pressured into signing new employment K

    I felt pressured into accepting a demotion and signing a new employment contract. Do I have any options?

    I was hired by my company and signed a 1yr employment contract with a 3mo probation period.  In month 5, my employer sat me down and told me that I was not meeting their expectations and that they were demoting me.  They gave me a new employment contract which I signed at the meeting that lowered my title and salary.  I am not a US citizen, so I felt pressured to sign the new contract in order to keep my job.  Do I have any options now that I have signed the new agreement?

  • 11-08-2012 5:31 PM In reply to

    Re: Pressured into signing new employment K

    We cannot know what that first contract said; I'd like to think employer was smart enough to include a provision to let you go if they didn't like what you were doing.  Probationary periods aren't really relevant, and vaguely connect at times to state unemployment benefits eligibility. 

    Given an employer would be free to let you go regardless of an iron-clad one-year contract that gave them no "out" to decide they weren't happy with your performance, the best you could hope for in that scenario in a breach of contract action would be to go after seven months' worth of pay/whatever the contract provided for in compensation.

    It's unclear unless you've got a very special skill set or are very high up in management/executive branch that they'd have a fixed-term contract with you in the first place vs. your employment being at-will. 

    "Do I have any options now that I have signed the new agreement?"

    You can't really expect strangers to know the answer to this from here based merely on what you've posted.  You may want to take the document to a local attorney for review.

  • 11-08-2012 5:44 PM In reply to

    Re: Pressured into signing new employment K

    Read and follow the new agreement?  If it doesn't prohibit you from doing so, look for a better job at another company?

    Definitely should have asked for a couple of days to read the new contract and think it over, now it's too late.  Never sign something until you've read it thoroughly, are sure you understand it, and are sure signing it is your considered choice (in other words, you're not going to regret it almost immediately).

     

  • 11-08-2012 8:32 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    Re: Pressured into signing new employment K

    You may be under-performing then again some employers with visa employees can seek to get some pretty draconian terms into the employment deals  --darn close to being a bonded servant --might be smart to have a skilled labor lawyer review your proposed contract before you sign it!

    Yes I know they may be hanging the prospect of you get shipped home if you fail to sign

    Yes it may not be free to review it now but it may be far less to address it now than to fight it later.



  • 11-09-2012 10:45 AM In reply to

    Re: Pressured into signing new employment K

    No possible way to know without reading the relevant documents.

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