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Being sued by former employer

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jrmana

Junior Member
What is the name of your state? NC

Ok, here is the situation: I went to work for a company in March, which I had to move from PA to NC for. After they hired me, they wanted me to sign a contract stating that if I left within 2 years, that I would owe them $2,400 (basically for training and moving expenses) and I could not work in a related industry for a period of 2 years after that in a certain radius from this company. Needless to say, I didn't sign the contract, and they apparently forgot about it. Well, I quit 6 months later because I was sitting on my butt for 3 weeks with nothing to do. They told me that if they don't get a big contract at the end of the year, they would no longer need me. Another local company was hiring, so took the opportunity. When I gave my 2 week notice, they handed me the contract and told me that if I was quitting, that I had to sign off on this contract. I told then I am not as stupid as they apparently think, and I refused to sign it. I offered to reimburse them $1,000 because at the time I felt bad about leaving, but they became belligerent and told me that if I didn't pay the whole $2,400 that that day was my last and they were keeping my last 2 weeks of pay. Obviously I couldn't just write a check for $2,400 so I walked out. I filed a complaint with the dept of labor to get my last paycheck. About 2 weeks later this company calls me and tells me that they will give me my paycheck, if I agree to the $1,000 I offered before, in 10 installments. I said I'd think about it, if they sent my check. Well, the check came, and they kept calling about the $1,000. One time I told them I would send it just to get them off my back. To make a long story short, they eventually caught on that I wasn't going to send the money, and they are now taking me to court on Friday. Based on what I have told you, what are my legal rights?
 


Beth3

Senior Member
If you never signed the contract, then I don't see that the company has any basis to prevail. Sounds like they're just doing this out of spite, which is unfortunate.
 

Litigation!

Senior Member
My response:

Next time, you'll think twice about working for a company in a Dufus southern State. It's incredible that they "spring" this so-called "contract" on you after you move, and start the job. But, that's what Dufus people do. They reel you in, and give you no choices. The contract, at the point, was a contract of adhesion, and probably wouldn't have been enforceable in any event.

But, under your circumstances, I agree with Beth. They will lose big time.


IAAL
 

jrmana

Junior Member
Now I am in big trouble. I lost the case:( The judge stated that under contract law, it does not matter if the employment contract was signed, because with me continuing to work there I ratified the agreement and it was binding. This absolutely makes no sense. If I didn't sign it, how do they even know that it was the same contract I was presented with?? And the contract was not even presented to me until after I was hired, and I had turned down an employment offer elsewhere!! WTF am I to do now?
 

pattytx

Senior Member
You lost the case. Is it really worth filing an appeal over, if it is even appealable? You would have to have an attorney for that, and whether you have a further case, only a local attorney who knows the details of your case would be able to tell you.
 

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