***********************

Note:  See below for discount on the Employment Agreement, good today only.  And avoid price increase for the Employment Agreement which will be effective Nov 1 2016
************************
IF EMPLOYEE WON'T SIGN AGREEMENT
************************
Ken, 
    I recently purchased your employment agreement. Before I discuss this with my employees and have them sign it, I am wondering what your recommendations would be if an employee refuses. I don't know what my options are. Please use anonymous if you use this in your newsletter.
Thank You,
Brad
************************
RESPONSE
************************
    If your employee refuses to sign the Employment Agreement there are a few considerations that come to mind.  

  • check to see if employee has any rights pursuant to existing employment contract, company handbook or well known company employment practices.
  • is employee a member of a protected class [discrimination issues]
  • have you written up employee for other infractions

    An employee fired because of refusal to sign an Employment Agreement is likely going to qualify for unemployment benefits.  While you may think this "retirement" package doesn't cost you anything, think again.  Your rates will increase.  You want to avoid firing under circumstances that qualify for unemployment benefits.  
    You may also need to pause and consider whether the employee is valuable enough to put up with the refusal.  That is a very personal issue and you would no doubt need to consider whether the employee is just naturally paranoid, difficult or has a real reason for not signing the Employment Agreement, none of which are likely in your best interests.  
    Getting the employee to sign the Employment Agreement at the same time all other employees are asked to sign the same agreement [except for the compensation package and duties] is a good idea.  Of course, requiring that all new employees sign the Employment Agreement at time of hire is the best practice.  You do not have to hire any employee that doesn't sign your Standard Employment Agreement.
    For existing employees who resist signing the Employment Agreement you should inquire what their objection to the agreement is.  If the objection is to a particular provision then you can consider whether you can omit that provision.  There are too many provisions in the Employment Agreement for me to site examples, but you will know if omitting a provision will affect your entire practices [cameras in workplace or monitoring phone and internet] with other employees or the omission will affect just this one employee [reducing restrictive covenant provision during or after employment].  The point is, unless the Employee is objecting to the very existence of an Employment Agreement [in which case I would get rid of that pain in the ass very soon, though not while the battle over the agreement is taking place] and the objection is to particular provisions, you should be able to reach accommodation and get the agreement signed with some modification.
    Don't wait until you "wish you had an agreement" with the employee becomes an issue;  It's too late then.  Our Standard Employment Agreement is cheap enough, but today I'll give you $25.00 off if you get the order today.  Order the form at www.alarmcontracts.com  select Employment Agreement and put in $400.00 per KK instead of $425.00.  In fact this Standard Form is so underpriced the charge is going up to $625.00 on Nov 1 [so please wait until then to order !!]