Company contracts

[Riverfish]

I signed this 10 days after starting the job in the state of Missouri. Only signed by myself. Company is from South Dakota.

From this day forward, any employee who quits their job without a minimum of 1 week notice or walks off the job, will be fined $500. Three (3) days of "No Call, No Show" is considered a voluntary quit without notice.


I have read this notice, and I fully understand its content & repercussions.

 

[Just Blue]

I signed this 10 days after starting the job in the state of Missouri. Only signed by myself. Company is from South Dakota.

From this day forward, any employee who quits their job without a minimum of 1 week notice or walks off the job, will be fined $500. Three (3) days of "No Call, No Show" is considered a voluntary quit without notice.


I have read this notice, and I fully understand its content & repercussions.

Okay. Did you have a question?

 

[Riverfish]

Okay. Did you have a question?

Yes, is this a valid contract?

 

[Just Blue]

Yes, is this a valid contract?

Contract review, especially just a small cut n paste from said contract, is beyond the scope of this forum. You should take the full contract to an attorney to advise you.

 

[Riverfish]

Contract review, especially just a small cut n paste from said contract, is beyond the scope of this forum. You should take the full contract to an attorney to advise you.

Okay. I tried to include the original image but had trouble. It is basically the cut and paste that you have read and without any notary, witness or any other signature other than my own. Thanks

 

[Just Blue]

Okay. I tried to include the original image but had trouble. It is basically the cut and paste that you have read and without any notary, witness or any other signature other than my own. Thanks

You would still need to bring it to an attorney to review. This site offers general guidance. Reviewing contracts would be Practicing Law w/o a license.

My general guidance to you would be to seek an attorney.

 

[Zigner]

It appears that SB220 was introduced earlier this year in South Dakota to prevent just this sort of thing (https://sdlegislature.gov/Session/Bill/25198/264105), but It doesn't appear to have been passed at this point.

 

[adjusterjack]

Yes, is this a valid contract?

Generally, an employer must pay you what you earned.

But as there doesn't appear any statutory prohibition to the agreement you signed, I would say yes, it's valid.

And even if it isn't, it will cost you more than $500 in attorney fees to fight it if the employer keeps $500 from your final paycheck.

 

[PayrollHRGuy]

If such a deduction drops you below state or federal minimum wage it would be a wage and hour violation which could be reported with no need for a lawyer.

 

[Taxing Matters]

And even if it isn't, it will cost you more than $500 in attorney fees to fight it if the employer keeps $500 from your final paycheck.

We doesn't have enough information to determine if it's enforceable. Based on what has been said by the OP so far, I'm leaning toward the document not meeting all the requirements of a contract. In any event, I'm not seeing a need for a lawyer to resolve this.

The first step if the employer tries to dock the pay $500 is to make a complaint with federal and state labor departments. The business just getting contacted by a state or federal agency inquiring about it may be enough to get the employer to pay the $500 rather than expense of a lawyer to deal with a full blown investigation by the government. In this case, it's the Missouri state law that will apply, not South Dakota, since Missouri is the state in which the OP performs the work. Thus, it's the Missouri labor department that the OP would contact.

If that didn't work, small claims court is an option. A lawyer is not needed in small claims court. And some states, like CA, don't allow lawyers in small claims court at all. There are several potential problems with this contract, some of which are pretty basic contract law issues. A small claims court judge may decide that those problems render the contract unenforceable and that the supposed contract violates federal and/or state wage and hour laws. The OP's particular job would matter to determine if the OP is an exempt employee or not.

 

[Riverfish]

Generally, an employer must pay you what you earned.

But as there doesn't appear any statutory prohibition to the agreement you signed, I would say yes, it's valid.

And even if it isn't, it will cost you more than $500 in attorney fees to fight it if the employer keeps $500 from your final paycheck.

It’s missing signature of the other party. Not witnessed, I was intoxicated, signed within the boundry of a different state. What does South Dakota consider a work week?
its not even remotely valid. No way to defend it

 

[Zigner]

In this case, it's the Missouri state law that will apply, not South Dakota, since Missouri is the state in which the OP performs the work.

I missed that and agree that MO law applies, not SD.

 

[Zigner]

https://labor.mo.gov/dls/general

"The employee may bring a private legal action to collect the wages due. (Under the law establishing this procedure, the state of Missouri does not have authority to collect wages for the employee.) If the amount due in back wages is less than $5,000, workers may file their claims in small claims court, where costs are less and it is easier to proceed without hiring private legal counsel. Individuals attempting to recover amounts above $5,000 should pursue a private right of action in circuit court."

"An employer may deduct funds from an employee’s wages for cash register shortages, damage to equipment, or for similar reasons. Deductions can be made from an employee’s wages as long as the deductions do not take the employee’s wages below the required minimum hourly wage rate."

"Employers are required to pay a discharged employee all wages due at the time of dismissal. If not paid at that time, the employee should contact his or her former employer by certified mail return receipt requested, requesting wages that are due. The employer has seven days to respond to the written request. If the employer does not pay the wages due within the seven days, it will be liable for additional wages to the employee until he or she is finally paid for up to sixty days."

This seems to imply that the employer can't legally withhold the amount from the employee's final paycheck because it would cause the wages due to be unpaid. Of course, what I linked just summarizes the law for the various points. I haven't looked at the actual law.

 

[Litigator22]

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[not2cleverRed]

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