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Requesting Employee Agreement Signed California

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  • Requesting Employee Agreement Signed California

    We are a private small business (18 employees) in California.

    Since the company started, employees were hired without proper documented employee agreements and policies. For example, we have certain employees that have not signed any paperwork stating they understand video and audio is recorded inside the entire building. The employees have also never signed an employment agreement stating the job as "At-Will Employment."

    How can we pass this new Employee Agreement to our older employees? How can we enforce it.. or can we even enforce it and state they would be fired if they failed to agree with it?

  • #2
    Unless these existing employees have bona fide employment contracts that prohibit implementation of new policies, or enforcement of current policies which are not covered in the contract, certainly you can present them, require that they adhere to them or face disciplinary action.

    "We neglected to have you sign this acknowledgement of XX policy when you hired on. We need you to read this and sign it now."
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      A lot of employers and employees both have the idea that if the employee fails to sign a handbook or policy, that the employee is excused from following the policy/policies contained therein.

      That is not true. The signature is not their agreement to abide by the policy; it is proof that they have been notified of the policy. They are just as liable to adhere to the policy as any other employee; it's only that, if fired for the violation, the signature is proof that the employee was notified which might help the employer in an unemployment action.
      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.


      • #4
        Agreed, although not all employee policy situations are equal. For example, if I was going to hand out a company asset to someone (cell phone, credit card, car, whatever), I would not only want a clearly worded company policy but many states would insist on a voluntary recovery agreement prior to any wage deductions occuring. These states consider a voluntary recovery agreement to be one that the employee can say no to without being fired because they said no. These means that not only the company policy needs to be written, but that arguably employers should never hand out company assets without being able to prove that the employee is familar with the policy and has signed a recovery agreement.

        Not all policies have these type of issues and absent a CBA or contract, employers can mostly change working conditions on a go forward basis. But also arguably there are legal issue in writing company policies and there are serious potential risks in making this a DIY project.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


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