Navigating Employer Contracts: What to Do If You Don’t Want to Sign

Dealing with employer contracts can be a daunting task, especially if you find yourself in a situation where you don't want to sign a contract. Whether it's a standard form boilerplate agreement or one you've negotiated with your employer, this guide will help you understand your options and what steps to take if you face such a dilemma.

Understanding the Nature of the Contract

The first step in addressing your concerns about signing a contract is to understand the type of agreement you are dealing with. Contracts can be broadly categorized into two types: standard form boilerplate agreements and those that have been negotiated with your employer.

Standard Form Boilerplate Contracts

Standard form boilerplate contracts, also known as contracts of adhesion, are pre-drafted agreements that are typically biased in favor of the offering party (in this case, your employer). These contracts have standard terms that are often unfavorable to the employee. For example, these contracts might state that if you do not agree to the terms, you will be considered to have resigned, leaving you with two choices: sign the contract and abide by its terms or risk losing your job offer.

Negotiated Contracts

On the other hand, if you have negotiated the contract with your employer, it’s still possible to continue negotiating. However, if you refuse to sign the agreement after negotiation or insist on further changes, your employer might view this as negotiating in bad faith. This is especially true if the contract was presented as a take-it-or-leave-it proposition.

Common Scenarios and Actions to Take

Depending on the circumstances, different actions need to be taken. Below are some common scenarios and suggested courses of action:

During the Job Interview Process

During the interview process, some employers may inform candidates that new hires will be required to sign a contract. These contracts, often boilerplate in nature, are presented as a formality. It's essential to request the opportunity to review the contract to understand its terms fully before committing to sign. If you’re not comfortable with the terms, you should feel free to decline and look for another opportunity.

Upon Hiring and First Day at Work

If an employer informs you about the contract on your first day with the company, it's a sign that the employer wants to have things in writing as soon as possible. If you are uncomfortable with the terms, you have the right to refuse to sign. However, in certain situations, such as moving to a new city to take up a job, this decision can lead to complications. If you decide to sign the contract, make sure to get legal advice to ensure that the terms are fair and reasonable. If the contract is sprung on you unexpectedly, it might be seen as bad faith on the part of the employer.

After Probationary Period

It's also common for employers to require employees to sign contracts after a probationary period. If this is the case, make sure to seek legal advice on the contract's terms. You should also consider discussing the terms of the contract with your employer and seeking to negotiate any unfavorable conditions. If the employer presents the contract as a fait accompli, you might want to consider consulting with a legal professional to understand your rights fully.

When to Seek Legal Advice

In all of these situations, the safest option is to seek legal advice before you sign any contract. A legal expert can provide you with the necessary guidance to understand the terms of the agreement fully and ensure that you are not signing away any of your rights. If the employer has presented the contract unfairly, a lawyer can help you negotiate better terms or even advise you on legal action if necessary.

While many of these situations might be seen as unfair labor practices or contracts that would not be enforceable under the law, the decision ultimately rests with you. It's essential to make an informed choice and protect your rights as an employee.