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Is it legal to ask a person to sign an agreement stating they sm - Always waiting

Posted: Apr 04, 2013

will not comment about a company, including their payroll practices, here or on any social media? I know why the stipulation is there, since the company has not paid on time EVER and they were trashed here because of it, but if someone comes on the board and asks about the company, I would feel it within my rights to warn that person that if you need a reliable pay day, this is not the place. I have until Saturday to decide if I sign this document. I'm thinking about walking away anyway.

Is that only while you are an employee? - Here is what I think

[ In Reply To ..]
I would think that once you left the company, you no longer are bound to their agreement. I also believe that the freedom of speech rights would prevail and as long as you are telling the truth, you can say whatever you want. Its only liebel if you are spreading lies. If you have proof of what you say, you can say it.

Well.... - sm

[ In Reply To ..]
It would concern me, because a company really shouldn't have to take those extremes, if they are a good company. I mean, to make you agree not to say anything bad about them basically, well it sounds fishy to me.

If I already worked there, I would probably sign it and like the above poster said, if you have to quit or whatever, then you should no longer be bound to that agreement. If I was considering a job with them, then NO, I would never sign, because that is basically them warning that they have issues and they don't want future employees to know about it.

Do you already work there? - Me

[ In Reply To ..]
It would scare me for a company that I was applying for to tell me something like that. I probably wouldn't take the job, because I would feel I was in for a headache.

It really isn't fair, because we accept positions from these MTSOs that are many states away from us and the only way we can even know if they are a legit company is by reading on here to find out. If they don't pay us, it is a lot harder to figure out how to collect from them, than if they were local and we could just go up to the business.

If it is a good company, with nothing to hide, they shouldn't need this practice.

I have worked there for a bit. Paychecks are always late sm - Always waiting

[ In Reply To ..]
varying from a week to a month, and then someone posted on MTStars about it and the owner had a conference call with everyone, saying how unprofessional it was, disrespectful, etc., and that she almsot lost a client because of it. Now we are asked to sign a confidentiality agreement, which includes this clause about not posting on MTStars or any other social media. She promises the paycheck issue will be settled, but in the meantime I am stuck trying to decide what to do.

Well there ya go. - sm

[ In Reply To ..]
If she promises the paycheck issue will be resolved, I would tell her to just put that bit into this contract as well. Therefore, she has to abide by this too. I would think it would be more unprofessional and disrespectful not to pay a person who works for you, myself, and I wouldn't continue to work for a person like that. But, if you like the job, then so be it. BUT, like another poster said, I do not think she can legally fire you if you refuse to sign such a document, since you are already hired and this wasn't a requirement before being hired.

sign it... - sm

[ In Reply To ..]
then, take your payroll complaints to the Dept of Labor.

I certainly hope every single person on that conference call told the owner they had no idea what she was talking about.

I agree - sm

[ In Reply To ..]
Each time she doesn't pay, go to the Dept. of Labor. She can't do anything about you doing that and she can't force you to sign a contract that forbids that.

As far as warning potential new hires, well you can email them privately from this board, if you feel you should, but hopefully she will get her stuff together and pay on time, since I assume she wants work done in a timely manner.

The contract would be non-binding if employment is severed - IC-AL

[ In Reply To ..]
You could talk about it to your heart's content once you leave the company, right?

Contract non necessarily nonbinding if employement is severed! - Law student

[ In Reply To ..]
Be careful! As they used to say in the Marines, CYA.

For sure. Some obviously don't realize just how - business-friendly law has become. My

[ In Reply To ..]
current company never asked me officially to sign such an agreement. My previous company was purchased by them. They eventually provided us with the on-line "agreement" between them and us, never a paper copy, no signatures, but in there is a clause that we will not discuss the company in any negative way.

When my company rolled into this one, regardless of whatever I did or didn't agree to at that time under some forgotten guise, I don't remember signing anything and I'm sure I never saw this official contract, but I literally wouldn't bet a dime that I am totally bound by it.

Her CLIENTS read MTStars????? - Happy MT Robin

[ In Reply To ..]
She really said she almost lost a client because of chatter on this board about her paying late.

Huh. Life just gets weirder and weirder, doesn't it?

As others have said, if she had nothing to hide or was doing nothing wrong, then she wouldn't feel the need to put these kinds of "procedures" in place.

The other part of that is this is an anonymous board. How would she know who was posting if you were careful about not revealing details - unless there are so few of you she could narrow it down pretty easily.

I wouldn't work for someone who consistently paid late. People get one shot at that with me. Wells Fargo doesn't give a rat's behind about why my mortgage payment is late - they want their money when they want it. Period. If she can't pay on time or can't get a line of credit going to cover her payroll until her invoices are paid, then she's not a very good business person and I wouldn't give her any more chances.

And confidentiality agreement or not, if someone asked and there was verifiable proof that yes the payroll was late and it could not be construed as slander or libel, you better believe I'd be shouting it from the roof tops to warn other MTs away.

Maybe more clients SHOULD read MTStars. - It would be a real education.

[ In Reply To ..]

Unconstitutional - not a lawyer

[ In Reply To ..]
I don't think this would hold up in court unless someone was blatently revealing details about a company and/or its practices. You can have someone sign a contract that says "anything" the question becomes is the contract enforceable. It can be complied with - which means they get what they want, but if someone decides to test it by speaking up/out, then it is a question for the Courts. A large company *will* pay to prosecute. You can't get a 100% correct answer from a non-lawyer but for me I think I would either: Choose my words carefully if I didn't abide by the contract - still realizing I am taking a chance, or never say anything, or not sign the contract.

P.S. - not a lawyer

[ In Reply To ..]
If your job is threatened by NOT signing the contract, YOU may have a case. Talk to a lawyer. It's worth the small fee (if you can afford it).

my cousin lawyer in DC states this is legal - IC-AL

[ In Reply To ..]
She lobbied as a representative for some large medical companies. I spoke with her about this very issue. She was very blunt in stating companies do not want employees talking about them in public. If you want the job, you sign the contract and live by the contract. If you don't they will find someone who will. I could tell in her mind it was a non-issue and did not understand my passion about it.

Regardless, this happens on a grand scale in the United States. Again, if you can live with it, do it, but it is legal. I know that for myself, I would not be able to do it.

so just email people privately to warn them. who si to know? - mission accomplished nm

[ In Reply To ..]
.

I don't think I'd trust a company that wants to squash things like that. sm - JMO

[ In Reply To ..]
As others have suggested, it sounds like they have something to hide. Not paying on time is a big red flag. I'm sure they want their files turned in on time.

Always waiting - Old Pro

[ In Reply To ..]
Believe me, I'd walk. NO ONE would take away my First Amendment rights like that!

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