How to rescind a signature on non countersigned employment contract

UPDATED: Oct 1, 2022

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How to rescind a signature on non countersigned employment contract

I want to rescind my signed copy of an employment contract
with my employer. I have not received a countersigned copy of
the contract and want to let them know I withdraw the signed
copy I submitted via email.

How do I do that?

Asked on September 25, 2018 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If they sent the contract to you and you signed it, it would be too late to rescind unless the contract itself states plainly that it is only effective on signature by *both* parties. Otherwise, when A creates a contract and sends it to B for signature, A's agreement to the contract is inferred from the fact that A created and sent it out for signature. Therefore, once you signed, both parties agreed to the contract and would be bound to its terms. In this case, you cannot rescind becasue the contract is already in force.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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