Fishy, illegitimate contract..?

[tinybbynurse]

I just started working at a HH agency and actually really love it. The only thing I found to be really weird is this week the administrator, who was out most of last week when I started so just had me fill out new hire paperwork this week - had me hand write on a paper the words to a (clearly) made up “contract” basically stating I won’t slander the agency name, speak against them on social media etc, which I was fine with, I remain professional in that regard. The part I DIDN’T like was the part about committing to the company for 2 years or I will be “fined” $10,000-100,000 for leaving early. Oh, and I’m to give a 1 month notice if I leave, or can be “fined”. I clearly remember signing actual legit paperwork stating that this is an at will employer. Not to mention the “90 day” probationary period. The “contract” also included rqnsom weird bits like swearing not to tell ANYONE, including the “law” about the “secrets” of the company. There was other weird stuff in there too. He literally has me hand write what he was reciting. No legit document. I don’t plan on leaving this company any time soon, however, I don’t like the idea of being fined an insane amount if I chose to leave before 2 years. I honestly don’t think this thing he had me write up (which I basically scribbled and was hardly legible Bc he was freaking reciting parapgraphs to me) would hold up in court or actually be legit. But it’s really fishy that he would even try to push it.

also, this company is owned by a former non US citizen, and there are definitely cultural/slight language barriers. I just wonder if he realizes that here in America, we don’t just make up hand written documents without lawyers consulted and specific wording and clauses typed up to make it legit. Half the stuff he was reciting wasn’t even proper English. He’s a nice guy, just seems fishy.

what do y’all think?

ever heard of this? Did I sign my life away for 2 years or do you think it’s truly a non-binding contract that has no actual legal value?

[chare]

25 minutes ago, tinybbynurse said:

[...]

what do y’all think?

ever heard of this? Did I sign my life away for 2 years or do you think it’s truly a non-binding contract that has no actual legal value?

A contract doesn't have to contain "specific wording and clauses" or be drafted by a lawyer to be legal. In many situations a written document signed by all parties is a valid, legal document.

If it were me, I would have had it reviewed by a lawyer prior to signing it, not after.

Best wishes.

[crazin01]

Just because it's hand written does not mean it wouldn't hold up in court, should something happen. You know what it says (either by reading through it or writing it out yourself) and signed it.

I would require clarification and then a new 'contract' to sign, after reviewing all stipulations/consequences or promises to your satisfaction. Keeping company secrets from the law? Something just sounds really odd.

Maybe he is a super sweet owner/administrator and just wants his butt covered legally. As an employee, I would want my butt covered as well.

[Nunya, BSN]

You have to stay 2 years or you'll be fined? Sounds kind of like indebted servitude to me, which is only a step above slavery. I can see if they give a huge bonus that your have to repay it, but otherwise? No. I would have laughed and walked out if someone did that to me, and then called a lawyer, and my BON, and any other regulatory agency I could think of.

[MSO4foru, ADN]

This already stinks like Old garbage and honestly just read 2/3 of original post. Brush off that resume and beat feet

[Davey Do]

9 hours ago, crazin01 said:

Just because it's hand written does not mean it wouldn't hold up in court

That's pretty much what my lawyer told me about an unrelated situation- if it's written down, agreed upon, and signed, there is a binding understanding between the involved parties.

To your advantage, tinybbnurse, is the legal fees your employer would have to pay in order to pursue a lawsuit, and most times they just let it go.

Case in point: Back in the late '80's, I worked for a hospital that funded my RN program with the understanding that I work for them at least two years after I got my RN. Due to an unfair work situation,. I quit a few months after graduating and was subsequently awarded benefits by employment security.

Some years later, I received a letter from a law firm representing the hospital stating that I needed to pay back the funding. I wrote a letter back to the law firm with the premise of extenuating circumstances that made the contract null and void.

I received no further correspondence from the law firm with the belief that pursuing a lawsuit would have cost the hospital more than the funding.

Good luck to you, tinybbynurse!

[Davey Do]

10 hours ago, tinybbynurse said:

I just started working at a HH agency and actually really love it.

1 hour ago, MSO4foru said:

Brush off that resume and beat feet

I respectfully disagree, MSO4foru. One should not throw the baby out with the bathwater.

Turn on the water hoses only if the baby becomes a problem.

[Jory, MSN, APRN, CNM]

Employment contracts not written up nor reviewed by an attorney are generally not enforceable. It's called practicing law without a license.

Unless the administrator owns the home health agency, he doesn't have the authority to draw up those types of contracts on his own.

[Jory, MSN, APRN, CNM]

14 hours ago, crazin01 said:

Just because it's hand written does not mean it wouldn't hold up in court, should something happen. You know what it says (either by reading through it or writing it out yourself) and signed it.

I would require clarification and then a new 'contract' to sign, after reviewing all stipulations/consequences or promises to your satisfaction. Keeping company secrets from the law? Something just sounds really odd.

Maybe he is a super sweet owner/administrator and just wants his butt covered legally. As an employee, I would want my butt covered as well.

It's practicing law without a license.

Some types of contracts, such as promissory notes, are permitted, but once you get into things like employment contracts? Nope...and just an FYI, just because you sign something, even if an attorney writes it up...doesn't automatically equal enforceable either. Example: If you live in a state that doesn't allow for non-compete contracts and you sign a contract that includes a non-compete clause? Not enforceable.

Yes, people try to write their own contracts all the time, but it is not a smart practice.

[beekee]

5 minutes ago, Jory said:

Employment contracts not written up nor reviewed by an attorney are generally not enforceable. It's called practicing law without a license.

Unless the administrator owns the home health agency, he doesn't have the authority to draw up those types of contracts on his own.

Anyone can draw up a contract without a lawyer. Every time you buy or sell something, for instance, you enter into a contract. Heck, a contract doesn’t even need to be written in most instances (but it sure helps if you want to prove it exists).

[Jory, MSN, APRN, CNM]

3 minutes ago, beekee said:

Anyone can draw up a contract without a lawyer. Every time you buy or sell something, for instance, you enter into a contract.

Those are promissory notes. They are different. Otherwise, how do you think the functions of the legal profession is protected?

One of the first questions a judge in court will ask, "Who drew this up?". There is a reason for that.

[Rionoir, ADN, RN]

Trying to figure out why you would even agree to hand-write a “contract” and then sign it. I can’t imagine a situation in any career field where I would agree to that without running away.