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Receiving and Signing a Contract when Hired California

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  • Receiving and Signing a Contract when Hired California

    Hi everyone,

    I'm new to this forum and I've tried searching old post for an answer to my question with no success.

    Recently I have been hired as full-time salaried employee, but I haven't received or signed anything that resembles a contract. The only form of agreement between me and my employer is an offer letter I received by email which defines my pay and benefits. Does that count as a contract in a legal sense? I've talked to several co-workers and they told me they didn't have contracts either. Is that legal? Shouldn't I be signing some agreement with my employer? This is in CA, USA.


    Thanks,
    Leeds

  • #2
    There is no requirement that you have a contract. With the exception of union employees, far, far more employees do not have contracts than do.

    It doesn't matter whether you are salaried or hourly, exempt or non-exempt. (Note - salaried and exempt are not synonymous.) Contracts are the exception rather than the rule.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      What type of contract are you looking for? Something that ensures you will be compensated if terminated?

      Have you worked previously under contract?
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        Thanks for your help.

        I'm a Software Engineer. I've worked in several exempt positions before and had a contract in each case. That's why it's so strange to learn no one has one here. I'm not expecting any severance, but I've heard about some irregularities regarding pay from other employees and would feel stronger with a written, signed agreement.
        Last edited by leeds; 10-03-2010, 04:55 PM.

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        • #5
          There's no requirement that the employer furnish you with a contract.
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