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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34865
Experience:  Retired (mostly)
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[BONUS 20 USD] Employer Agreement - [ DIGITAL] - Help

Resolved Question:

Employer asked me to sign a DIGITAL Document, however i would like to add my own clause to that before signing. It has the following editable fields, Employee Name [], Employee Signature [] Date of Sign []. Basically, i have signed NDA, Confidentiality Agreemnts at time of joining now they sent another document which conflicts or strong legal verbage. I want to add this in Signature Editable Box [My Name - I agree only if this document doesnt overwrite the NDA, Confidentiality Agreements that i have signed (not digitally) at the time of joining, if it conflicts with earlier signed documents then i consider this agreement as null and void] I called employer and said the same, he said go ahead if the document permits (orally) but i cant edit the document except name, signature and date. Kindly suggest me with following questions: 1) Can i add the above mentioned statement in Signature editable area - is it acceptable in court of law incase of any conflict in future? Whether my statement valid? 2) If not - can you please provide a legal statement so that i can write there, which must be support me - as this agreement is being signed by me - digitally. Sincerely
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Sorry for the delay. If you had asked for me by userid ("Socrateaser"), I would have been notified of the question earlier.

1) Can i add the above mentioned statement in Signature editable area - is it acceptable in court of law in case of any conflict in future? Whether my statement valid?

A: Maybe. Placing a new condition into a contract is only valid if the other party knows of the condition. So, the issue here is that if you want this document to be valid, then you may want to to send the employer a separate written statement clarifying your position, e.g.:

  • Dear Sir: Concerning the electronic document, entitled NAMEOFDOCUMENT, that you wish me to digitally sign, notice is hereby given that my signature on this instrument is subject to the condition that wherever the document conflicts with any previous agreement between myself and you or your employer, that the conflicting previous agreement's terms and conditions shall control.

Then in the digital signature section, you could write something like: "Where any conflict betwen this agreement and any prior agreement between the parties exists, the prior agreement's terms and conditions shall control."

2) If not - can you please provide a legal statement so that i can write there, which must be support me - as this agreement is being signed by me - digitally.

A: Done.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 3 years ago.
("ToCustomer)

Dear Mr.Customer

Question for the 1st Question's answer:

As discussed they sent a digital document that need to be signed with editable boxes in Signature [ where i can add anything ], and once the document is signed, A COPY OF THAT SIGNED, ADDED STATEMENTS DOCUMENT WILL BE MAILED TO THE SENDER AND ME stating "Its been accepted and digitally signed, please find a copy" and also store in employer account (digital signature website) .


In this case, do i still need to send a separate email to my employer? Without sending a separate email, Is it still possible to enforce the contract by adding my own terms(as mentioned by you)?

A sample email (sent after signing document)is given below :


====================================================================


The I-9 (Employment Eligibility Verification) (between Narsh and Boy Consulting) is Signed and Filed!

To: Narsh (XXXXX@XXXXXX.XXX)


Attached is a signed copy of the I-9 (Employment Eligibility Verification) .

Copies have been automatically sent to all parties to the agreement. You can view a copy in your EchoSign account.

Click here to send out another document through EchoSign.

Why use EchoSign:
Exchange, Sign, and File Any Document. In Seconds!
Set-up Reminders. Instantly Share Copies with Others.
See All of Your Documents, Anytime, Anywhere.

To ensure that you continue receiving our emails, please addXXX@XXXXXX.XXX to your address book or safe list.

===================================================================
Expert:  socrateaser replied 3 years ago.
Yes, it's possible. However, your new question suggests that this is an I-9 verification form. This form is required by U.S. Department of Homeland Security as a prerequisite to employment in the USA. So, if that's what this digital document is all about, then it has nothing to do with your actual employment contract -- moreover, altering it in any manner could cause you to be denied a U.S. work visa.

Hope this helps.



And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 3 years ago.
Sorry. The new one (I9)is just for an example. It is a contract.

And also, i am planning to record my screen with Video and Voice while adding the statement to signature panel and signing it.

Please suggest.

Thank you
Expert:  socrateaser replied 3 years ago.
If you don't notify the employer of your intention to modify the digital contract, then you risk a court later finding that you tried to slip the modification past the employer, and so your modifications are unenforceable.

I cann't tell you how things would ultimateily resolve -- only that there is a genuine risk in not providing conspicuous notice to the employer before signing the contract in the manner you have proposed.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 3 years ago.
"ToCustomer,

I can understand, but here the employer made mandate to sign the agreement as it is.

and, being an individual own the responsibilities what ever is in the document.

I will tell you what happened to me when a company released offer:

1) They sent offer in Email ( with few documents attached, and they made it mandate to sign to make offer acceptable)

2) I accepted offer in Email and told them that - i will provide signed copies at joining.

3) At joining, when i was submitting the signed copies - they have rejected the same and said (orally) that you need to sign the documents that we give you now (and they provided documents) , those documents have few new different clauses mentioned in them, which are different than original documents.

4) After signing them at the employer place (in a room), they have sent this digital document to sign... and there are contradictory statements in this document..


They are playing a tricky and safe game and do i need to be a victim to sign what ever documents they provide without writing my terms in them?


Sincerely,

(Hoping this would be my last question).

Expert:  socrateaser replied 3 years ago.
I cannot tell you what to do under the circumstances. You mu I "justanswer" questions about the law. You must make your own choices.

I have explained the risk of your modifying the document without providing notice to the employer. Even if you modify the document and you do not notify the employer, the employer may read your modification and then tell you to either sign it without modification, or you're fired.

As an at-will employee, you can be fired at any time, for any reason, or for no reason at all. So, whether or not you sign, and no matter what you agree to in the contract, the employer can change its mind and fire/terminate you.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 34865
Experience: Retired (mostly)
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