“Can my employer require I sign an employment contract long after I started the job, and fire me if I refuse?”
Published on June 25th, 2009 by Alan Sklover
Question: I started a new job last fall, and this spring my employer told me I had to sign an employment contract, or I would be fired. The employment contract had things in it I did not like at all. Can my employer do that?
Mary Ann
Salem, Oregon
Answer: Yes. When you become an employee, if you do not have an employment contract, you are considered an “at will” employee. That simply means that either you or your employer can end the relation any time, for any proper reason.
As a result, on any day you can say to your employer, “I want to change part of our relation, and if you do not agree to do so, I will end the relation.” You can say that – for examples, if you want higher pay, or more vacation – and your employer can say that, too – if for examples, your employer wants you to take lower pay, or sign a contract containing clauses you don’t like. It’s just like dating. That is a part of being an “at will” employee.
It is not considered improper or illegal for an employer to do that, or an employee, for that matter.
Sorry if that’s not the news you were hoping for, but it is the simple truth.
Best, Al Sklover
© 2009 Alan L. Sklover, All Rights Reserved.
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There are exceptions. If the contract is forcing you to agree to something that is specifically mentioned in federal or State labor laws, then no, they cannot force you to sign. For example, in Nevada NRS 608.060 and 608.070 talk about semi monthly payments. The law is that employees must be paid at least semi monthly, unless they mutually agree to other arrangements, like monthly pay, under a contract. In this case, though, an employeer cannot force you to agree to less than semi monthly payments by threat of termination if you do not agree to such arrangements “it shall be unlawful for any employer to require any employee to enter into any such agreement as a condition to entering into or remaining in his or her service”. So while we are an at-will state, there are specific terms in an agreement that the employer cannot force you to accept as terms of continued employment….
So, the short story is when you think your rights are being violated, check with a lawyer or labor commission to find out your rights.
Also, even at-will employment cannot discriminate or fire you for race, sexual preference, etc. There are basic discrimination laws they must comply with regardless.