Signed under duress, conditions not met

I work at a hotel that uses an outside company to conduct "mystery shopper" calls. The hotel agents are required to follow a script while the callers are to call and make reservations. During this call the Shoppers score us based on the agreed-upon script, however, they are supposed to be conducting their calls with their own rules of conduct. This particular Shop Call company does not enforce their own script and keep their employees from violating their rules, ie, Callers frequently choose not to complete the reservation thus failing to complete the call and thereby withholding opportunity for points. This in turn makes it nearly impossible for us, the hotel agents, to achieve scores of a certain level required by our employer to maintain our employment.

My employer, under threat of immediate termination, forced me to sign a contract stating that I will receive no less than 85 points out of 100 on every Shop Call. I objected to the word choice of "receive" as I have no control over the scores and have repeatedly pointed out the track record of the shop call company's failure to adhere to their own scoring system. I signed under duress, with the assurances of my boss and company owner that the Shop Call company would be operating under strict rules (ie, all calls were to be for reservation dates no sooner than the next calender month).

The Shop Call company has NOT been operating under the rules I was assured they would be operating under. I anticipate being fired for failing to maintain my 85 pt minimum under the contract I only signed because a) I was threatened and b) because it was stated to me that the conduct adherence of the Shop Call company to the rules was to be the terms under which my contract was applicable.

If it comes to it, will this contract prevent me from obtaining unemployment in the event that my employment is terminated based on the terms stated at the time of signing?

0 answers  |  asked May 1, 2010 04:21 AM [EST]  |  applies to Oregon

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