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Fishy, illegitimate contract..?

Nurses   (2,902 Views | 42 Replies)

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You are reading page 4 of Fishy, illegitimate contract..?. If you want to start from the beginning Go to First Page.

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1 minute ago, Jory said:

<yawn>  If you want to discuss personal insults, I think you need to go back and read some of your old posts.

Again, you are being personal and not addressing content. There was no reason to get hysterical about my post because it did not dispute your post at all, was not addressing your points, did not involve you in any way. Yet you seemed to immediately assume it was all about you.

 

Back to topic:

My husband is a real estate broker who writes many (not all) of his own contracts. But he ALWAYS sends it to his attorney for review. Our D is a lawyer. As she gains experience, we will probably go to her more often than our other attorneys. But we would never sign or enter into any contract without consulting an attorney. Even if the contract is not enforceable, if someone sues you or tries to enforce it, it can become a huge nuisance, and in some instances, cost you money to defend yourself. The OP should never have signed this "contract," whether or not it is enforceable or legally binding.

 

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SoCalRN1976 specializes in RN.

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Why are people arguing and insulting over this?  We all agree, this is weird. Don't do it.  Your intuition is raging...  for a reason.

 

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3 minutes ago, SoCalRN1976 said:

Why are people arguing and insulting over this?  We all agree, this is weird. Don't do it.  Your intuition is raging...  for a reason.

 

It sounds like the OP already has. But even though this "contract" is not even enforceable (you cannot be legally bound to engage in illegal acts), the culture of this place was made very obvious by the mere act of asking the OP to hand write this nonsense. As you say, definitely "weird" and not worthy of the OP's time and hard work.

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15 hours ago, Jory said:

LOL...ever take any basic law classes when you were in college as an elective?  You'll be shocked at what you learn.  The next time you buy a house, try to write your own contract and if there is a problem, try to take it to court...you'll find out very quickly how unenforceable your contract will be.  Some types of contracts even specifies the size font that should be used or if anything can be written on the back page.  

You also have the element of having the authority to do so.  You have to be an agent of the company or a representative that contractually has the authority to enter into legally binding contracts.  This is generally specified AND limited in your employment contract unless you own the company.  

If I was working as a manager for a company, let's say, like Microsoft or Amazon...do you really think I could just take the liberty of drawing up an employment contract on my own, without consulting anyone, and try to bind an employee to that contract and thus, creating a legal liability for the company?  Have a court enforce it?  Even if you got to the level of Vice-President of a division...you honestly think you can still do that?  

You may instantly think, "Well, gosh no...a home health agency isn't Microsoft or Amazon." but the size of the company doesn't matter...same principles apply.

A lot of people think, "If you sign something, it's binding".  This could not be further from the truth...depends GREATLY on what you signed.

I have taken a business law class.  You are actually wrong.  I didn’t have to have a lawyer to divorce.  I could have drawn up the whole thing myself.  It’s always to good have a lawyer who is an expert in legal matters, but it’s not ever required.  People can actually represent themselves in a court of law.  A lawyer is not required.  

Two people can set up a binding contract.  A lawyer is not required.

 

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Luchador has 5 years experience as a CNA, EMT-B.

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So I just had an interesting conversation with my lawyer buddy. I pulled up the original post and showed him it. He said that parts of it are legitimate and parts of it are not. Obviously saying you cannot disclose secrets to law enforcement is absurd.

He said that they had the original poster write the contract out herself because it is so ridiculous and shady and crooked that if they go to court they can say of course she knew what was in it you can see she wrote it herself. The original poster cannot claim that she was duped because she wrote the stupid, shady  absurd, contract out with her own hand

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I thought we were not allowed to give legal advice here.

But I think you should put all of your assets into the name of a trust or some other entity that he won't know about, therefore can't go after.

Also, he is not a nice guy.  Just for the record, letting you know.

Get an attorney NOW to see if you might be able to get out of this contract - like sometimes there is a 3 day right of recision when you sign a contract.  I don't know when that right comes into play.

It is unlikely, IMHO, that he would ever go after you or your assets (house, car, other possessions, paycheck, etc.), but you never know.

Is this contract supposed to apply if you get fired?  Maybe you could get fired.  Ask a lawyer. 

Good luck.

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traumaRUs has 27 years experience as a MSN, APRN, CNS and specializes in Nephrology, Cardiology, ER, ICU.

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Closing this for review. We can not provide legal advice per our terms of service. Thanks.

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