Is this Employment contract legal?

[EatSleepFly]

Signed Under Duress?

Can someone elaborate on what signing "under duress" means, and how it effects the enforcibility of a contract? (Sorry if I missed it).

If someone has been employed with a company for a year, and then a day comes when they are essentially forced to sign a training contract or lose their job, would that not be signing under duress? Or am I way off?

 

[legaleagle]

Duress, simply means that you sign a contract, but are not freely entering into it. Someone is blackmailing you, someone is holding a gun to your head, etc. The threat of unemployment may not be enough for duress in every situation, because some situations might arise because of changed circumstances that now require a contract, and in an at-will, you are working at the will of either party. But, in some, the evidence might show that nothing has changed, in fact that the employer is just trying to protect themselves against a probem that has arisen, and I think in this case, you could make a case that the threat of losing your job if you don't sign a contract that restricts your employment, far after the initial hiring event, would constitute duress, to some degree or another.

 

[midlifeflyer]

Can someone elaborate on what signing "under duress" means, and how it effects the enforcibility of a contract? (Sorry if I missed it).

To add just a little bit to legaleagle's explanation, duress usually involves conduct that is immoral, unethical or downright illegal. Since, unless it's for a small group of "bad" reasons, it's completely legitimate to fire someone for almost any reason or no reason, you'd probably need a little more than simply "sign this or you're fired", which is extremely common in many industries.

 

[legaleagle]

Midlife, I think we have fulfilled our pro bono requirements......

 

[bobbysamd]

Representation

Midlife, I think we have fulfilled our pro bono requirements......

Or, once you pass the California Bar, you will have engaged your first client, for a noble cause!

Good luck with studying and the exam.

 

[legaleagle]

Bobby,

I appreciate it. They always say it's harder near the end. The next three weeks are going to bite. Good luck with the firm. Look forward to running into you some time.

Christopher

 

[bobbysamd]

Cal Bar

Bobby,

I appreciate it. They always say it's harder near the end. The next three weeks are going to bite. Good luck with the firm. Look forward to running into you some time.

Christopher

You bet. My former friend brought two electric typewriters to the exam when he took it in 1976. Great strategy and organization on his part - and he passed it the first time.

 

[Lrjtcaptain]

How is this thread never ending? I havent read any of the reply's since page 3 so im just curious as to whether or not he had to pay it back.....are we still in limbo or did we find out the outcome?

 

[ThomasR]

Limbo

He does not HAVE to pay it back.

Question is if the company takes him to court what are the % they will earn favor with the courts.

If the company had been more forthcoming in conveying their intentions at the beginning or the pilot had been less eager to move out of state this would not have been a legal issue.

I have just witnessed why an adversarial approach to law is such an attraction throughout the world and it is why you will pay big bucks to lawyers who are willing to get in where the "rubber meets the road".