Offer Letter Clause that's concerning

K

kanjanrajesh

New Member
Jurisdiction
Massachusetts
Hello - I was reviewing the offer letter issued to me and the following clause stood out as I have never heard such thingem. I am fine with at will employment and exit interview but why would my employer be wanting to contact my future employer upon termination. Here is the exact wording --
No Continued Employment; Exit Interview -- I understand that my employment with the Company is atwill
and that this Agreement does not confer any right of continued employment by the Company, and
does not limit in any way the Company's right or my right to terminate my employment at any time, with
or without cause. In the event my employment with the Company terminates for any reason, I will, if
requested, participate in an exit interview with the Company and reaffirm in writing my obligations as set
forth in this Agreement. I agree to provide the Company with the name and address of my new employer,
and consent to the Company's notification to my new employer of my rights and obligations under this
Agreement.
 
kanjanrajesh said:
Hello - I was reviewing the offer letter issued to me and the following clause stood out as I have never heard such thingem. I am fine with at will employment and exit interview but why would my employer be wanting to contact my future employer upon termination. Here is the exact wording --
No Continued Employment; Exit Interview -- I understand that my employment with the Company is atwill
and that this Agreement does not confer any right of continued employment by the Company, and
does not limit in any way the Company's right or my right to terminate my employment at any time, with
or without cause. In the event my employment with the Company terminates for any reason, I will, if
requested, participate in an exit interview with the Company and reaffirm in writing my obligations as set
forth in this Agreement. I agree to provide the Company with the name and address of my new employer,
and consent to the Company's notification to my new employer of my rights and obligations under this
Agreement.
Click to expand...
Good morning! I am tagging an HR expert in Mass for you. @cbg
 
Every word in the document, when interpreted in its entirety, determines whether it's an enforceable contract or not.

Since you have doubts about the enforceability of your obligations, you should have it reviewed by an attorney.
 
I'd never accept any employment offer from an employer that behaves in such a DOMINATING, DEMANDING manner. Take your marbles and your jelly beans, along with your talent, knowledge, and skills and seek employment from a more HUMANISTIC, PATIENT, TOLERANT employer!!!!
 
kanjanrajesh said:
Hello - I was reviewing the offer letter issued to me and the following clause stood out as I have never heard such thingem. I am fine with at will employment and exit interview but why would my employer be wanting to contact my future employer upon termination. Here is the exact wording --
No Continued Employment; Exit Interview -- I understand that my employment with the Company is atwill
and that this Agreement does not confer any right of continued employment by the Company, and
does not limit in any way the Company's right or my right to terminate my employment at any time, with
or without cause. In the event my employment with the Company terminates for any reason, I will, if
requested, participate in an exit interview with the Company and reaffirm in writing my obligations as set
forth in this Agreement. I agree to provide the Company with the name and address of my new employer,
and consent to the Company's notification to my new employer of my rights and obligations under this
Agreement.
Click to expand...

In many states most employment "contracts" imposed in this manner are not enforceable. If you are considering leaving your job, have that reviewed by an employment law attorney. I suspect that some of it, and perhaps all of it, is not enforceable in your state. Why do employers do it anyway? They know most employees don't have a very good understanding of either contract law or employment law and they'll get at least some employees to follow it.
 
kanjanrajesh said:
why would my employer be wanting to contact my future employer upon termination.
Click to expand...

Generally speaking, if Person A does something and Person B wants to know why Person A did that thing, the best thing for Person B to do is to ask Person A. Person B posting the question in an online forum inhabited by anonymous strangers will rarely, if ever, be a better way to get a good answer.

With that said...

Did you ask the potential employer why this language is in the agreement? If not, why not? If so, what response did you receive?
 
I would want to see the entire document before I commented. That one phrase is troubling by itself but could be acceptable in a context we are unable to see as is.
 
With every contract clause, you have to ask "or else what?"

What does the OP's contract threaten non compliance for skipping the exit interview and failure to update their CV with.

I've declined more than one exit interview because frankly, I didn't like the boss and his toady. Why would I want to talk to them more? I've also had them tell me I need to return the company handbook that I can't find. Both times I told them to search my house.

I have a feeling that they wanted the handbooks back because they were stupid enough to write that the discussion of pay rates between employees was prohibited.
 
A couple of thoughts I have on the disturbing language.

1. Like others have pointed out, if you're dealing with sensitive information, they will try to put clauses such as this inside to protect themselves against you running to the competition to be hired. It doesn't mean it is enforceable.

2. often these employment agreements will have clauses that if any part is not enforceable, then the agreement should be enforceable to the extent that the law allows.

3. If you've already been terminated and you don't have a new job lined up, then there would be no obligation that I could see for you to inform the employer of your new employer.

4. some of these agreements come from the internet, AI, or made by non-attorneys trying to put what they wish into an agreement that may not be illegally enforceable nor a good idea practically because it will scare away potential employees.

You should discuss this with your potential employer, tell them you are uncomfortable signing it and see what they have to say. The other response is here are excellent, including consideration as to whether this is a place you would like to work.
 

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