Does the 3-day right of rescission law apply to employment contracts?
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Does the 3-day right of rescission law apply to employment contracts?
I impulsively signed a newspaper delivery contract, and within 4 hours discovered my car has brake problems. I called and said I couldn’t do the route. In the contract it states that if I quit without 30 days notice I could be charged $1100.
Asked on May 13, 2011 under Employment Labor Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
California has many laws that deal with the right of rescission. The right is given via statute on many consumer transactions. The right as to the amount of says varies from consumer transaction to consumer transaction but is always measured in business days. So weekend days do not count. You have an employment contract here. It does not appear that those type of contracts are listed under the right to rescind laws in California. One would need to read the contract but if there is no other out, here is what I would do in your case. Give the employer 30 days written notice - or however it says that notice must be given in the contract but give written on top of that by certified mail return receipt requested - then borrow or rent a car for 30 days to do the route. Otherwise you will be out more money than it will cost you to rent the car. Good luck.
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