If I have an employment agreement and sign it but my employer does not send it back to me signed, is the agreement in force?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have an employment agreement and sign it but my employer does not send it back to me signed, is the agreement in force?

Asked on April 12, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends on who originated the agreement and whether  it was demoninated or described as a final agreement. There are three basic scenarios:

1) You drafted or originated the agreement, signed it, and sent it to the employer. An enforceable contract is formed when there is an offer made by one party, accepted by the other. In this case, you made  the offer, but the employer has not accepted it; ergo, no enforceable agreement.

2) The employer sent you a contract but stated that it was for review or discussion only and was not for signature or was not a final agreement. In that case, while there was negotiation, there was no actual offer, and hence nothing for you to accept to form a contract.

3) The employer sent you a contract which was--or at least, based on their communications to you, reasonably seemed to you to be--a firm offer. In that case, since they extended the offer to you, once you accepted it, as evidenced by your signature, you would seem to have an enforceable contract.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption