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Don Plumley Don Plumley is offline
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Join Date: Jun 2001
Location: Geyserville, CA
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Quote:
Originally Posted by 911Rob View Post
Hey Rick,
Sorry for your situation buddy, that's too bad.
Doesn't sound like it would hold up to me?
1. They "made" you sign it as a condition of employment (duress)
2. They failed to provide you with a copy of what you signed, having it notarized explaining the proper legal implications

Go 4 it.
Not in California, probably not the US. Basically everyone is an "at will" employee (unless you have an employment contract, negotiated labor agreement, etc.). You don't have to sign anything, you can just not accept the employment. And standard employment documentation does not need to be notarized nor explained beyond what the document says. Every HR person or hiring manager should be coached to encourage the employee to seek their own legal counsel if they want an opinion. However, refusing to sign means you are willing to quit. I've had more than my share of cranky engineers not wanting to sign IP and confidentiality agreements.

And the key of "at will" employment means that severance is not a legal obligation of the employer. Nor is notice by the employee. However, it is common practice for employees to give reasonable notice of their intent to leave the employer as it is common practice for employers to pay a couple weeks pay "in lieu of notice" when they terminate someone.
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Don Plumley
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Old 03-08-2009, 08:00 PM
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