The great employment contract ripoff- Know your rights and don't get bullied

There’s a sort of myth getting around the employment market that you can be forced into an employment contract or lose your job. This is apparently the result of the same culture which has created a situation whereby 70% of US employees who sue their employers win their cases. The current estimate is that 30% of Americans sue an employer at some time during their working lives. That’s not exactly team building, and it’s symptomatic of a misanthropic culture.
The great ripoff
A very common practice is the process of “reinventing” employment contracts to alter the working hours of staff which are impossible for them to work. The staff are informed that failure to sign the contract will be construed as voluntary resignation. Very large numbers of people in the American workforce have been subjected to this treatment.
A few facts:
• This process can reasonably be considered duress. A contract entered into under duress isn’t a binding contract.
• The structuring of these contracts, which is invariably detrimental to the employees is apparently deliberate. A typical case would be changing shift hours to a shift which clashes with parental responsibilities.
• Nothing resembling negotiation is involved. The employee is give a fait accompli.
• The nature of the circumstances under which contract is “offered” can be considered unreasonable by definition.
• It can be construed that a company under these circumstances is misrepresenting the nature of the employee’s loss of their job, which may well be an offense under relevant statutes.
• The nature of the contract offer may also be damageable in that the employee is deprived of their livelihood under fraudulent conditions.
As can be seen from the above, this conduct is hardly an impressive display of legal knowledge on the part of employers. The process is in breach of basic contract law, normal business contract practice and common sense. The effects on employees have been horrendous, and the loss of employment disastrous to their quality of life.
The internet is currently covered with instances of these contract and employment law issues on employment sites. One evident common factor is the targeting of particular employees who are most disadvantaged in terms of their ability to deal with the terms of these contracts.


The solutions
Any offer of employment and any conditions pertaining to it should be in writing. Any formal dismissal should also be fully documented.
Employees are advised to:
• Seek written confirmation of any implication involving loss of their jobs for failure to sign contracts.
• Make copies of any relevant information received under these circumstances.
• Contact a pro bono lawyer to examine their case.
• It is also strongly advised that they contact the Department of Labor in their state and report the matter, to help regulators build a profile of employment law abuse.
It’s to be hoped that better business and leadership training and an appropriate level of legal training in basic contract law will remedy this situation. Lawyers and judges in the employment field may wish to discuss the policy ramifications of this widespread abuse with legislators.