More details to this question:
Hi! I was recently let go at a job for signing a contract even though I was told to. Many people have suggested I get a lawyer but I disagree because in my contract with the job it said (and I failed to remember when I signed so this is definitely my fault), "___ shall not have the right to make any contracts or commitments for or on behalf of ___ without first obtaining the express written consent of ___". I did a little google searching and saw that if it was said out loud and there was a witness that it can make the line fuzzy. We have cameras throughout our office so I know that it was definitely on camera when it happened. I'm just wondering if there is anything I can do or if I even should.
1 ANSWER
Business Transactions Attorney serving Los Angeles, CA
at
Doland & Fraade
Update Your Profile
Normally, an agent for a disclosed principal can bind the principal by the agent's signature. In a corporate employee scenario, if the employee has apparent authority to sign (e.g. because they are a corporate officer or director) the corporation may found itself bound.
What the entity wants to avoid is that it is bound becuase some employee decided to sign a contract without apparent authority and against the wishes or judgment of those with the actual authority to make that decision. You were told not to do it and you did it. If you got oral consent instead of written consent, then the line is more blurred.
As an employee in an "at will" employment state, you can be fired for no reason or for a reason (but not because you belong to a protected class, e.g. race, religion, etc.) Unless you have contractual protections (or belong to a union) you will have an uphill battle regarding your termination.
Answered on Feb 27th, 2015 at 1:36 PM