EMPLOYEES REGRET SIGNING CONTRACTS : ON THE JOB.Byline: Carol Kleiman Chicago Tribune Chicago Tribune Daily newspaper published in Chicago. The Tribune is one of the leading U.S. newspapers and long has been the dominant voice of the Midwest. Founded in 1847, it was bought in 1855 by six partners, including Joseph Medill (1823–99), who made the paper Employment experts call them waivers and gags. Employees call them handcuffs hand·cuff n. A restraining device consisting of a pair of strong, connected hoops that can be tightened and locked about the wrists and used on one or both arms of a prisoner in custody; a manacle. Often used in the plural. tr.v. and throttles. What both groups are referring to are legally binding employment contracts, exit agreements and legal settlements that employees make with employers. Increasingly, I hear from job applicants who say they are required to sign employment contracts that limit their future activities. They sign them to get the job, but they're not happy about the contracts prohibiting them from starting their own businesses or working for another company in the same field for at least two years. I also hear from people who say they are ``forced'' to sign exit agreements when they're fired or laid off that preclude them from suing for discriminatory dis·crim·i·na·to·ry adj. 1. Marked by or showing prejudice; biased. 2. Making distinctions. dis·crim practices. Most ``exit'' complaints are about having to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered. For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such rights in order to get severance pay Severance Pay Compensation that an employer gives to someone who is about to lose their job. Notes: Severance pay is not always paid to employees. It depends on the situation in which the employee is losing their job and whether legislation requires severance to be paid. . And I also hear from people who have successfully sued their employers or former employers but who say they ``had'' to sign a settlement agreement that prohibits discussing its details. Some of those workers who believe they've been gagged say they want to help their colleagues who are in the same situation. Employment contracts: ``Usually, employment contracts are requested if confidential material, trade secrets or customer lists are involved,'' said Patricia J. Hill, an attorney specializing in labor and employment law representing management. ``I see their use increasing. Companies spend a lot of money on research and development and developing a client base. They want to protect them.'' Exit agreements: Exit releases also are on the increase because of downsizing (1) Converting mainframe and mini-based systems to client/server LANs. (2) To reduce equipment and associated costs by switching to a less-expensive system. (jargon) downsizing , layoffs and restructuring. Barbara Kate Repa, author of ``Your Rights in the Workplace,'' (Nola Press, $19.95), writes that ``going along with the firing typically means you will get immediate severance pay. However, if you have doubts about the validity of your dismissal, withhold with·hold v. with·held , with·hold·ing, with·holds v.tr. 1. To keep in check; restrain. 2. To refrain from giving, granting, or permitting. See Synonyms at keep. 3. your signature on any waiver The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished. The term waiver is used in many legal contexts. of your right to sue . . . and perhaps hire a lawyer. You take the chance of not getting the money . . . but you lower your risk of signing away essential rights.'' Legal settlements: The ``gag'' on talking about a successful lawsuit against your employer means ``you sign away your right to discuss it, except with persons such as your spouse, lawyer or accountant,'' said Susan Benton-Powers, a labor employment attorney and partner at Sonnenshein Nath & Rosenthal. ``You don't have to sign to settle a case, but when you do, you're expected not to talk about it unless subpoenaed.'' As an employee advocate, my advice is don't sign any waivers or gags without consulting a lawyer. And if you do have to sign, get something you want in return, such as more money, vacation time, education or training. |
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