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I was trained to be a dog groomer. Was told if I quit before two years employment I owe $4000.00. The employer will not give me a copy of the contract or let me see a copy. Am I entitled to have a copy of the contract?

2007-10-05 11:15:53 · 10 answers · asked by ltcgsa 1 in Politics & Government Law & Ethics

10 answers

You are entitled to receive a copy of ANY contract you signed, no matter what............########

2007-10-05 11:20:01 · answer #1 · answered by ? 5 · 0 0

Yes. You stated that you signed a contract to work for 2 years, and that if you left before the end of two years you would owe $4 thousand. You should be able to have a copy to keep and show to a lawyer.

It is not good practices on your part to have signed the contract. I realize that it may be expensive to train a dog groomer, but it seems a bit outrageous to force somebody into such a contract.

If you would leave and the employer would sue to enforce the contract, I think it may be a valid defense that the contract was a "contract of adhesion" and should be interpreted against the employer.

You signed a contract does not allow for negotiation, i.e. take it or leave it. It was entered into between unequal bargaining partners. If the term was outside of the reasonable expectations of the person who did not write the contract, and if the parties were contracting on an unequal basis, then it may not be enforceable. The reasonable expectation is assessed objectively, looking at the prominence of the term, the purpose of the term and the circumstances surrounding acceptance of the contract.

The doctrine of unconscionability which is a fact-specific doctrine arising from equitable principles. Unconscionability of the contract usually arises where there is an "absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms which are so oppressive that no reasonable person would make them and no fair and honest person would accept them."

Discuss your employment contract with an attorney.

2007-10-05 11:20:56 · answer #2 · answered by Mark 7 · 0 0

Yes, yes, and YES. It is illegal to withold a copy of the contract from you. If you agreed to their terms and signed the contract, they must give you a copy as well. It's the same with any other employer, bank, school, gym membership, bank, or any other business.

If they are not giving you a copy of your contract, then they might be hiding something. Perhaps there is a clause in there that shows how you can quit WITHOUT having to pay the penalty fee but they don't want you to know so they are refusing to give you a copy. There is no good reason why they should be refusing to give you a copy of the contract. I would ask again and if they still refuse, speak to a person who is a step-above them and so on.

2007-10-05 11:27:00 · answer #3 · answered by sweety3605 3 · 0 0

You are not only entitled to a copy of the contract but the burden is on THEM to produce it. Also, the important areas of the contract should have been explained verbally to you before you signed and you should have read the contract as well.

Somethings not right here. I'd find out what it is and quickly.

Good luck.

Peace.

2007-10-05 11:23:59 · answer #4 · answered by -Tequila17 6 · 0 0

That seems odd.

I can certainly understand him wanting the contract, but I don't understand him not giving it to you. You should be given a copy of this.

I wouldn't make a big deal out of it, unless there comes a time when you want to quit. Then I would demand a copy, and advise him you are going to see an attorney.

The worst he would do at this time is fire you, then you don't owe the money because you didn't quit. I doubt getting fired would look bad on your background, seeing it was for a legitimate reason.

2007-10-05 11:19:02 · answer #5 · answered by trooper3316 7 · 0 0

yes, and you should run it by a local attorney.

Ask a local attorney even without a copy, because such a clause is probably unenforceable.

That woud explain why he didn't want you to have a copy- you seemed gullible enough and have proved it so far.

Unlikely what you have is an actual emploement contract, so you are porbably hired "at will" like everyone else. You can quit or he can fire wyou with or without cause if that is the case.

An attorney visit should be your next step. show him or her this message as a list of things you need to knwo about to get started.

2007-10-05 11:24:28 · answer #6 · answered by Barry C 7 · 0 0

Get a lawyer to write on a formal letter head that they have to give you a copy of that contract. It's common to give a copy to each signing party. Both copies don't have to be signed but a copy must be given in any case. don't know if this is actually law but I own a business and it's a common policy with me and my company.

2007-10-05 13:04:02 · answer #7 · answered by Anonymous · 0 0

OOHHHHHHH YEA!!! If your hand signed it, then you should have something in it when you walk out the door. If you can have a receipt for getting fuel, then you can get some sort of copy definitely. I have never heard anything as crazy as paying them, so make sure you get something or, its sounds like hes the one getting paid.

2007-10-05 11:31:39 · answer #8 · answered by jen 1 · 0 0

YES!!!!! but who signs a contract and dosent take a copy?

2007-10-05 11:18:19 · answer #9 · answered by geekydude 2 · 0 0

you should be given two contract copies, both signed by you one for your records and one for them.

2007-10-05 11:21:17 · answer #10 · answered by Sarah J 6 · 0 0

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