Contracted A Bad Case Of Contract

, , , , | Legal | July 21, 2018

I run a small concrete-cutting business and I was looking for a new chief supervisor to look after the shop when I wasn’t there. I found a guy who looked good on paper, and after a fairly short interview process I hired him.

When I hired him, I told him that his employment was conditional on signing an employment agreement which my lawyer was in the process of preparing. Since he would have access to trade secrets and my client list, I especially needed to have him sign a non-competition agreement as part of the larger employment agreement.

A few weeks went by and he seemed to be performing adequately. So, I gave him the agreement to sign and he took it home to have a look at. That night I got a call from him saying he had issues with the agreement and he couldn’t sign it as-is.

The next day, he handed me the agreement with his notes, and I took it into my office to review. He had crossed out the “Duties and Responsibilities” section and the “Non-Competition” section. Not only that, but he had put in a much higher salary than we agreed, added a bunch of benefits on top of what he was already getting, and taken out the end date of the contract, making it indefinite.

After staring at the paper for a while, trying to get my temper back under control, I went out and found him and very calmly explained that if he wasn’t willing to sign the contract then I would take it as his resignation. I sent him home. I sent him a cheque for the five weeks he had worked and went back to looking for a new hire.

Here’s the kicker: He then decided to sue me for the “six weeks vacation pay” he believed he was entitled to. The judge laughed him out of the courtroom.

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