My employer was recently sued by another apartment manager for wrongful termination, and unpaid wages. Now my employer wants to protect herself by asking me to sign what appears to be a one sided agreement.
I agree with my colleagues. California is a at-will employment statement. Your employer can require you to sign an employment agreement. That said, have you been paid all of your wages? If you're not an exempt employee, you may be entitled to overtime and double time wages depending on the number of hours worked per day and/or week. You may want to have an attorney review the agreement before you sign it.
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Since employment is "at will" in California, you do not "have to" sign but you may be terminated if you don't.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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No, you do not have to sign an employment agreement. However, if you do not sign it, then the employer has the legal right to terminate your employment at any time.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
I also concur with my colleagues. California is an at will State. Your employer does not need any reason to terminate your employment. Your employer could terminate you for no reason or for a legitimate reason like refusing to sign an employment agreement.
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