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(Some Guy)   Subby's employer (large worldwide company you've probably never heard of) wants him to sign a document waiving rights to be part of any future lawsuits against said company. Does the company have a case if he does? (link is just a placeholder)   (legalzoom.com) divider line
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223 clicks; posted to Discussion » on 05 Apr 2022 at 5:20 PM (18 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2022-04-05 4:24:19 PM  
Stubby, how much money is the company offering to sign what sounds like a settlement letter?
 
mgh [TotalFark]
2022-04-05 4:30:55 PM  
Is your employment contingent on signing?  If it is, is it worth it or should you find another job?

Did the company pay you for a settlement?  If so, does it seem better than what the future might hold with a class action or other settlement?

Did you have a lawyer review the offer?

I wouldn't sign anything w/o a basic review from a lawyer and 'getting something in return for signing'.  Keeping your job is not getting something in return, that is blackmail IMHO.

I've seen these kinds of documents on acquisitions, as well as at termination (layoff).
 
2022-04-05 4:35:38 PM  
You need to have an attorney read it. If it applies to anything that has already happened, then yes they can ask you to sign it. But, as mentioned, getting to keep your job is not sufficient consideration.

However, if they are asking you to sign away your rights to future claims, that is wildly unenforceable (think about it: they'd have a blank check to treat you like a slave or worse and you couldn't do anything about it; no court would enforce that).

Get an attorney.
 
2022-04-05 4:39:17 PM  
Lawyer. Now.
 
2022-04-05 4:47:36 PM  
Lawyer now. Not enough detail here to give solid advice IMO.
 
2022-04-05 4:53:33 PM  

SpectroBoy: Lawyer now. Not enough detail here to give solid advice IMO.


Among the many missing details: What country and/or state Subby lives/works in. In some states such a waiver may be unenforceable, and in some states even asking for something like this is considered an illegal labor practice, depending on the facts.
 
2022-04-05 5:09:50 PM  
I'm no lawyer but that sounds sketchy AF.
 
2022-04-05 5:12:43 PM  
Nah.

It's cool.

Just sign

What's the worst that could happen?
 
2022-04-05 5:15:59 PM  
Subby may want to get tested for Mesothelioma.

You may be entitled to compensation.

Don't delay call (someone) today!
 
2022-04-05 5:15:59 PM  
Did anyone mention you should speak to a lawyer yet?
 
2022-04-05 5:21:55 PM  

Rev.K: I'm no lawyer but that sounds sketchy AF.


I actually am a lawyer and agree that it sounds sketchy AF.
 
2022-04-05 5:24:10 PM  
Did they also ask you to sign it with your blood?
 
2022-04-05 5:25:07 PM  

Cyberluddite: Rev.K: I'm no lawyer but that sounds sketchy AF.

I actually am a lawyer and agree that it sounds sketchy AF.


My name is L.A. Wyer and agree that is sounds sketchy AF.
 
2022-04-05 5:26:39 PM  
Are they just requesting you sign away all future rights to join a lawsuit? Are they offering an alternative like arbitration?
 
2022-04-05 5:28:39 PM  
Just do what I do in any corporate environment and just refuse to sign anything if possible and delay signing anything else (I'll do it later, I want to review it at home, etc. Until they forget. Your signature on anything will only be used against you if/when they decide it necessary.
 
2022-04-05 5:35:16 PM  
I finally found a job in the paper
Moving barrels at a chemical plant
There's a shiny-looking dust on my fingers
Going up my nose and into my lungs

Now I've got these splitting headaches
I can't quite get it up no more
I can't sleep and it's driving me crazy
I shake all day and I'm seeing double, yeah!


The lawyer says, "That's the breaks, kid
Gonna gnarl and rot the rest of your life
If you don't sue, we'll give you a Trans-Am"
That I'll never drive 'cause I shake all the time
 
2022-04-05 5:38:32 PM  
Mix together some of your blood and semen, then sign the document with a quill made from the feather of a raven. Total power move.
 
2022-04-05 5:42:32 PM  
I don't know the answer. A long time ago I worked for Western Electric which was part of ATT then. They passed out some statement that we had to sign. Something about holding the company blameless for some future problem. Not sure what it said even then. Some legal crap they could hold against you. No idea if anyone refused to sign. I discreetly crossed out a word in the middle hoping that would modify it's meaning. No one ever noticed.
 
2022-04-05 5:43:20 PM  
F*ck the comapny's dad.
 
2022-04-05 5:50:31 PM  
Wait, do you work at Black Mesa?

Are they sending you into the mass spectrometer?


....I have a suggestion for you.


DO IT SO WE CAN HAVE HALF LIFE 3!
 
2022-04-05 5:54:39 PM  

AnotherBluesStringer: Cyberluddite: Rev.K: I'm no lawyer but that sounds sketchy AF.

I actually am a lawyer and agree that it sounds sketchy AF.

My name is L.A. Wyer and agree that is sounds sketchy AF.


Hell, I'm sketchy AF and that sounds like me.
 
2022-04-05 6:00:36 PM  
Did the paperwork have one of those post-it arrows showing where to sign? If so, it's legit.

No worries.
 
jbc [TotalFark]
2022-04-05 6:03:44 PM  
We won't know for sure unless you post a scan of it in this thread.

And an image of your Social Security card.

And post the name of the street you grew up on.
 
2022-04-05 6:06:50 PM  

SpectroBoy: Lawyer now. Not enough detail here to give solid advice IMO.


Indeed. And employment law varies greatly from state to state, so said lawyer should be familiar with the law where subby works.
 
2022-04-05 6:13:58 PM  

toraque: AnotherBluesStringer: Cyberluddite: Rev.K: I'm no lawyer but that sounds sketchy AF.

I actually am a lawyer and agree that it sounds sketchy AF.

My name is L.A. Wyer and agree that is sounds sketchy AF.

Hell, I'm sketchy AF and that sounds like me.


I'm grungy AF and that smells like teen spirit.
 
2022-04-05 6:25:32 PM  
Fark user imageView Full Size
 
2022-04-05 6:25:56 PM  

Cyberluddite: SpectroBoy: Lawyer now. Not enough detail here to give solid advice IMO.

Among the many missing details: What country and/or state Subby lives/works in. In some states such a waiver may be unenforceable, and in some states even asking for something like this is considered an illegal labor practice, depending on the facts.


Fair enough.  U.S., NY state.  Currently employed by said company.  Been here for 20-ish years, but we were recently purchased by a big money European VC-tyoe company.  We were considering going public (again) when this company bought us (or however it works). Company is in the food industry..  Headquarters is in Europe.
 
2022-04-05 6:26:25 PM  

Xcott: toraque: AnotherBluesStringer: Cyberluddite: Rev.K: I'm no lawyer but that sounds sketchy AF.

I actually am a lawyer and agree that it sounds sketchy AF.

My name is L.A. Wyer and agree that is sounds sketchy AF.

Hell, I'm sketchy AF and that sounds like me.

I'm grungy AF and that smells like teen spirit.


My name is Bob Loblaw and that sounds sketchy AF.
 
2022-04-05 6:28:18 PM  
r/legaladvice..?
 
2022-04-05 6:30:51 PM  

mgh: Is your employment contingent on signing?  If it is, is it worth it or should you find another job?

Did the company pay you for a settlement?  If so, does it seem better than what the future might hold with a class action or other settlement?

Did you have a lawyer review the offer?

I wouldn't sign anything w/o a basic review from a lawyer and 'getting something in return for signing'.  Keeping your job is not getting something in return, that is blackmail IMHO.

I've seen these kinds of documents on acquisitions, as well as at termination (layoff).


Fyi, the document was handed out with a new copy of the company handbook.  Seemed a bit odd they wanted it back so quick, but I think I saw someone in here say to have a lawyer look at it...
 
2022-04-05 6:36:02 PM  
Does this have something to do with small plastic toys in chocolate eggs?
 
2022-04-05 6:42:33 PM  

DannyBrandt: Does this have something to do with small plastic toys in chocolate eggs?


No.
 
2022-04-05 6:43:25 PM  
i.pinimg.comView Full Size
 
2022-04-05 6:47:36 PM  

Tell Me How My Blog Tastes: You need to have an attorney read it. If it applies to anything that has already happened, then yes they can ask you to sign it. But, as mentioned, getting to keep your job is not sufficient consideration.

However, if they are asking you to sign away your rights to future claims, that is wildly unenforceable (think about it: they'd have a blank check to treat you like a slave or worse and you couldn't do anything about it; no court would enforce that).

Get an attorney.


I have never sued or threatened to sue this company in any of its iterations (been bought be bigger and bigger companies over the years).  This is strictly about future lawsuits.
 
2022-04-05 6:47:42 PM  

Dr Jack Badofsky: DannyBrandt: Does this have something to do with small plastic toys in chocolate eggs?

No.


Oh.

Well, then I really can't help. All of my postdoctoral work has been in theoretical and applied Kinder Egg sciences.

Sorry.
 
2022-04-05 6:49:11 PM  

DannyBrandt: Dr Jack Badofsky: DannyBrandt: Does this have something to do with small plastic toys in chocolate eggs?

No.

Oh.

Well, then I really can't help. All of my postdoctoral work has been in theoretical and applied Kinder Egg sciences.

Sorry.


But do you know that cute redhead in the Bueno ad?
 
2022-04-05 6:54:28 PM  

Dr Jack Badofsky: But do you know that cute redhead in the Bueno ad?


Know her? B*tch still owes me 12 euros.
 
2022-04-05 7:08:32 PM  

Dr Jack Badofsky: Cyberluddite: SpectroBoy: Lawyer now. Not enough detail here to give solid advice IMO.

Among the many missing details: What country and/or state Subby lives/works in. In some states such a waiver may be unenforceable, and in some states even asking for something like this is considered an illegal labor practice, depending on the facts.

Fair enough.  U.S., NY state.  Currently employed by said company.  Been here for 20-ish years, but we were recently purchased by a big money European VC-tyoe company.  We were considering going public (again) when this company bought us (or however it works). Company is in the food industry..  Headquarters is in Europe.


Food industry?

Fark user imageView Full Size


My advice would be to sign it with a fake signature, so if you ever try to sue them and they say you can't ask them to produce the contract and then point out that it isn't your signature.

/Not legal advice.
 
2022-04-05 7:10:04 PM  
Yeah. Don't sign.
Lawyer up

Force discovery.
Gain award of full pension
 
2022-04-05 7:19:46 PM  

DannyBrandt: Dr Jack Badofsky: But do you know that cute redhead in the Bueno ad?

Know her? B*tch still owes me 12 euros.


You took her to McDonald's, didn't you?
 
2022-04-05 7:49:20 PM  
I believe the question you are asking is whether the contract is enforceable. I do recommend checking with a lawyer (as though they grow on trees, right?) But temper that by suggesting focusing on that specific question. May reduce the cost to you (and I think its pertinent that you are asked to sign while already an employee). I also recommend before checking with the lawyer getting this question answered by your hr: what are the consequences to me if I don't sign this, and specifically is my future employment hinging on signing this paper?

If employment hinges but not enforceable, sign away. If no harm if you don't sign  then respectfully decline. It's the other condos you have to worry zbout.
 
2022-04-05 8:27:31 PM  

jbc: We won't know for sure unless you post a scan of it in this thread.

And an image of your Social Security card.

And post the name of the street you grew up on.


Hang on a second, lemme get my scanner warmed up so I....waitaminute...
 
2022-04-05 9:09:29 PM  

2dogsrunning: I believe the question you are asking is whether the contract is enforceable. I do recommend checking with a lawyer (as though they grow on trees, right?) But temper that by suggesting focusing on that specific question. May reduce the cost to you (and I think its pertinent that you are asked to sign while already an employee). I also recommend before checking with the lawyer getting this question answered by your hr: what are the consequences to me if I don't sign this, and specifically is my future employment hinging on signing this paper?

If employment hinges but not enforceable, sign away. If no harm if you don't sign  then respectfully decline. It's the other condos you have to worry zbout.


Good points.
 
2022-04-05 9:20:45 PM  

Dr Jack Badofsky: Tell Me How My Blog Tastes: You need to have an attorney read it. If it applies to anything that has already happened, then yes they can ask you to sign it. But, as mentioned, getting to keep your job is not sufficient consideration.

However, if they are asking you to sign away your rights to future claims, that is wildly unenforceable (think about it: they'd have a blank check to treat you like a slave or worse and you couldn't do anything about it; no court would enforce that).

Get an attorney.

I have never sued or threatened to sue this company in any of its iterations (been bought be bigger and bigger companies over the years).  This is strictly about future lawsuits.



Literally everyone you know, everyone that you work with and everyone on any social site that you ask about this situation could tell you that it's ok to sign it and then when something bad happens THAT'S when you would find out that it was a very bad idea. I don't think you should see a lawyer, I think you should see 3 or 4. There are bad lawyers just like there are bad people in any occupation. And don't go cheap. The advice that you receive may only be as good as the amount you paid.

I'm sorry that you can't trust employers but it's a fact of life. WHY do they feel the need for a legal contract that puts no requirements or obligations on them but takes away legal options from you?
 
2022-04-05 9:26:30 PM  
Sounds like something my former employer would try.
The company was large, 60,000 employees. A class action lawsuit was brought against them for reclassifying a lot of non-exempt as exempt, to avoid paying overtime wages. They lost, and after years of appeals, kept losing. I wrote to the judge and chewed him out for allowing the company to get away with paying a fraction of the money they saved, and not stating that they would not do it again. I got my check about 5 years after the suit was filed.

A few months after the settlement, they did it again. Another class action lawsuit was filed, and they lost again, and appealed it again, to kick the can down the road. I got the check for this one last year. This time it took 7 years of litigation. Again, there was no agreement not to do it again. I retired, so I haven't followed up to see if they are back at it again.
 
2022-04-05 9:27:51 PM  

Dr Jack Badofsky: 2dogsrunning: I believe the question you are asking is whether the contract is enforceable. I do recommend checking with a lawyer (as though they grow on trees, right?) But temper that by suggesting focusing on that specific question. May reduce the cost to you (and I think its pertinent that you are asked to sign while already an employee). I also recommend before checking with the lawyer getting this question answered by your hr: what are the consequences to me if I don't sign this, and specifically is my future employment hinging on signing this paper?

If employment hinges but not enforceable, sign away. If no harm if you don't sign  then respectfully decline. It's the other condos you have to worry zbout.

Good points.


At least 1/2 of the lawsuits in court don't really have any good  legal precedents  behind them. But there are lots of cases going thru trail anyway. There is an old joke that I think is actually true: an incompetent lawyer can tie up a case in court for ten years. A good lawyer can tie it up indefinitely.
 
2022-04-05 9:40:47 PM  

Dr Jack Badofsky: mgh: Is your employment contingent on signing?  If it is, is it worth it or should you find another job?

Did the company pay you for a settlement?  If so, does it seem better than what the future might hold with a class action or other settlement?

Did you have a lawyer review the offer?

I wouldn't sign anything w/o a basic review from a lawyer and 'getting something in return for signing'.  Keeping your job is not getting something in return, that is blackmail IMHO.

I've seen these kinds of documents on acquisitions, as well as at termination (layoff).

Fyi, the document was handed out with a new copy of the company handbook.  Seemed a bit odd they wanted it back so quick, but I think I saw someone in here say to have a lawyer look at it...


I would think that if you really had no idea of why they'd want you to sign it right away, there might be a really good reason you wouldn't want to, and "company policy" just doesn't cut it anymore.  Good sign to hesitate and/or have somebody look at it.  Somebody outside the company.
 
2022-04-05 9:44:55 PM  
My two cents...

Last time I went to work for a pharma company, the "things you need to sign" had quadrupled.  I'm talking like, no exaggeration, 20 pages to initial and sign.

I imagine in the 10 years since, the numbers are exponential.

Every page basically said the same thing.  "If you assault someone on our property, the company is not liable."  "If you sexually harass someone, the company is not liable."  "If you hack someone's computer with company equipment, the company is not liable..."  On and on.

All CYAs invented by corporate lawyers to protect the corporation, jack squat for you.  All crap too.  IF something happens, a lawyer would tear it to shreds.  I'd guess most were unenforceable.

So just sign the stupid papers to get the job.  They don't mean anything.

Is my advice.
 
2022-04-05 10:58:59 PM  
Get a lawyer to look at it stat  as it sounds like they are trying to get you to sign away your rights to sue them if something goes sour.
 
2022-04-05 11:34:33 PM  
I just read an article about the SmegLord that dreamed up the loopholes that states are using against abortions and such. And it f××king terrified me even more.

Made me wonder if companies will start asking employees to sign stuff like this, as a way to prevent being sued for "aiding and abetting" an abortion, or whatever else these ChuckleFarks dream up next.

I highly doubt this is their reasoning, though I could see it happening more often with small companies/ businesses going forward ...

I hate myself a little for bringing some poltab crap in here, and even more for probably sounding like I'm defending a big farking corporation.
 
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