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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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If an agreement is submitted with an inappropriate or illegitimate

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If an agreement is submitted with an inappropriate or illegitimate Electronic Signature, aspects of the agreement are not met, and the other party never agrees by signing, is there any way the party that submitted that agreement can prosecute?

Thank you for your question.

This all depends on the circumstances. I need more information.

What do you mean by "an inappropriate or illegitimate electronic signature"?

Is it your signature or the other party's which you are talking about?

What is the nature of the contract?

Did you provide services/goods under the contract which the other party accepted?

What aspects of the agreement were not met?

Customer: replied 3 years ago.

The nature of the contract was an Employment Agreement.


It was created by my boss-to-be. She typed her name and underneath wrote: Electronic Signature.


It was a simple agreement, but I never actually agreed my signing the agreement.



Customer: replied 3 years ago.

I've been working for 2 months and have delivered ALL that I promised to this point. The business has come to a hault due to funding, financial and fundraising practices are suspect to say the least, and we still do not have an actual payroll structure. Up to this point, I have been paid. However, I will have to claim this as a 1099. I've never actually been an official employee as it's a start-up and we don't even have any other employees, an office, and the space is still very much under construction. I wish to sever all ties without any further compensation or communication as things have been completely uncomfortable.

In regard to the electronic signature, if it is your employer trying to hold you to the terms of the agreement, then it does not matter that she signed it that way, because she would be acknowledging that she is bound to the agreement by claiming under it.

If you did not sign the agreement, you can argue that it is not binding on you. As the terms of the agreement were never honored by the employer, they cannot argue that you are bound by having accepted benefits under the contract.

Is there a term in the proposed contract which worries you about being able to leave or is there a term which you wish to enforce against them after you leave?
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Customer: replied 3 years ago.

no, but i'm just naive to all of this. my would-be boss is completely unprofessional, reactionary, and has not professional context for these things. i'm picturing her threatening me, at least for a second so i wanted to ask. part of our agreement was gratuities (we're not even close to being open so that's out), i was to have full benefits (as we do not even have an existing Payroll service, there has been NO talk of a package or anything presented as of yet), and at the end she wrote:


"This agreement may be terminated if both parties agree in writing, or if either party engages in behavior that damages personal or business reputations or if either party engages in illegal activities on Tiki Iniki premisis."

She has paid up to this point. However, aside from that, not a single term has been met and there's no sign of a structure anytime soon.

I think you are free to walk away immediately.

I would recommend sending a letter telling her:

1. You are terminating your employment with her,

2. You did not sign the proposed agreement and hereby stating that you do not agree to its terms and reject it.

Send it by certified mail to her so you have proof that she received it. If you do this, she cannot hold you liable under the contract.

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