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realbarbra
09-30-2006, 02:26 PM
My fast food employer in Pennsylvania requires all the new people they hire to sign a contract. This contract states that 1) They must work a minimum of 6 months and that after that they must give 2 weeks notice before terminating their employment with the employer. The contract states that if they break the contract they (the employee) will owe the employer $300. After numerous people have left my employer keeps their last paychecks and tells them this is because they broke their contract. Is this legal?? Thanks ahead of time

cyjeff
09-30-2006, 02:37 PM
This is not legal.

Pennsylvania is an at will state. This means that you can quit at any time without penalty.

someone will come along and give you the exact statutes. When you print them out, take them to your boss.

cbg
09-30-2006, 02:50 PM
Just because a state is at-will does not make it illegal to put an employment contract in place. Nothing in the law specifically prohibits such a contract, although it is unusual to have them for fast food workers.

Although the employer could not withhold the entire paycheck, if the contract is written in such a way as to be legally binding the employee could be required to pay the $300.

There is nothing illegal in what you describe. However, it would do no harm to have it reviewed by an attorney to see if THIS SPECIFIC CONTRACT is binding by PA law.

cyjeff
09-30-2006, 03:17 PM
But for a contract to be valid, both sides must give and get.

robb71
09-30-2006, 03:40 PM
I have my doubts that this contract is binding. The best advice that we can offer is to bring your contract to a lawyer to determine if its indeed enforceable. If it is, it's possible that you could be held responsible for the $300 assessment.

The employer may NOT hold your final check. And can only withhold the $300 assessment if previously agreed to in writing. Does the contract allow for the assessment to be taken from your final check?

ScottB
09-30-2006, 04:13 PM
I am just curious if the employer can discharge an employee immediately and, if so, what penalty the employer pays.

I suspect this is so-called contract is all give and no take, as alluded to by cyjeff.

Get a legal opinion. You are not the only victim of this scam (which is what I would call it) and there could be big bucks in it for the enterprising lawyer.

cbg
09-30-2006, 04:22 PM
My point is that the fact that PA is an employment at will state, does not invalidate the CONCEPT of an employment contract, which jeff's response seems to imply.

Whether this particular one is valid or not is something that only an attorney in PA can determine.

realbarbra
09-30-2006, 04:34 PM
yes, the employer can terminate immediately with no repercussions.

cyjeff
09-30-2006, 04:37 PM
CBG is correct... as always.

My post was inaccurately worded... employment contracts happen all the time.

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