Threatening not to pay me if I don't sign
I have worked for this company almost 2 years and they are now coming to me demanding that i sign a Confidentiality Agreement. I have looked this over and find the following flaws with it. 1) it has no duration. 2) It only offers training as a benefit to me in exchange for it's 'trade secrets'. I work in marketing and am not aware of any such trade secrets. 3) If in event that I breach the contract, I am forced into arbitration with anyone THEY choose and have to pay 1/2 the costs. Why on earth would I agree to that??? Lastly, on the last email requesting that certain people sign this contract, the President via HR threatened not to pay us if we did not sign it. Is this legal??? Please put me in contact with someone in my area for advice if NOT too expensive. It is the Bay Area after all :). Thank you
1 answer | asked Sep 20, 2001 5:58 PM [EST] | applies to California
Answers (1)
they can't not pay you if you don't sign and continue working, but they can fire you for not signing, if they want to go that far. These days many companies are eager to have their employees covered under an arbitration agreement -- cuts their legal costs, plus the judgments are usu. smaller and there is no right to appeal. (If you do go to arb., they will have to apy all the costs peculiar to arb and in excess of those you'd pay going to court, no matter what the contract says.) you can call their bluff, if you are sufficiently sure of your position with the company to do so. But if you put in the time, they have to pay you.
You might want to agitate your state representatives for a change here to outlaw the use of arbitration agreements in employment situations.
t. pfeiffer, los gatos, tlplaw@home.com
posted by Theresa Pfeiffer | Sep 22, 2001 3:53 PM [EST]
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