Employment Contract - After the fact...

[arvida]

Hello,

I recently was pursued for a position at a company other than the one I was working for. After holding an interview with this new company, they offered me the job and stated the compensation. They did not mention a contract of any sort.

So, I proceeded to quit my other job in hopes of a great life at this new employer. About a week after starting the new job, they came to me and said, "Oh yeah, by the way, we need you to sign this contract."

The contract was the normal stuff, NDA, Non-Compete, that sort of thing...but in a large section of it was terminology stating that if I decide to leave the company I would be required to give 90 days resignation notice otherwise I would have to pay a $8500 fine.

To me, this is unacceptable...Not only is Indiana an at-will employment state, this contract was not even mentioned before I was hired. I even spoke with the hiring manager and he said, "I keep telling the owner to stop doing this, but he keeps doing it". Meaning that they know what they are doing. They are coercing people into quitting their old jobs for the new one, then a few days after employment they drop a contract on them that if they don't sign, they risk being fired or if they do they are agreeing to unreasonable terms.

I feel trapped and tricked. I have no old job to go back to and definitely do not want to stay at this one, but I obviously need the money.

Is there any legal action that can be taken? I'm not wanting a hand out, but I do want out of this company. If the contract was mentioned at hiring date, I would have rejected and kept my old job.

I appreciate your input and advice!

Thanks!

 

[arvida]

I apologize...I entered the state in the summary/title screen when I posted this, but it didn't show up. This is in Indiana. Thanks again.

 

[seniorjudge]

You have certainly been tricked.

But what are your damages?

Can't you still take the new job?

 

[arvida]

Hello, thanks for the response.

I must have made a confusing statement in there somewhere, I apologize. The new employer is the employer that has required me to sign this contract. I've been with the new employer for about a month and am just now getting to the point where they want the contract signed.

So, if I sign I'm agreeing to those terms...if I don't, I will most likely be fired. My previous employer, who I wouldn't have left if I knew that my new employer would require this contract, is not open to me returning.

I would say that my damages, in the event that I am fired for not signing a contract that I was coerced into, would be loss of my previous income since I cannot go back to that job and/or the loss of future income that I will lose out on because I will not have a job after they fire me.

Or, if there are any legal bounds for my current situation, I would be open to that as well.

Thanks again. I appreciate your expertise.