›

Help Please!!

franfieldsfranfields 231 Posts
in HR & Employment Law Vote Up0Vote Down
If an employee is working for a company that merges and two months into the merger the company that is controlling the operation decides the sales force must sign affidavits stating they will resign if they do not sell a certain amount, does the employee have a right to refuse without fear of being fired?

I am in Arkansas.

Share on Facebook Share on Twitter

Comments

  • 2 Comments sorted by Votes Date Added
  • Gary Jiles ARGary Jiles AR 19 Posts
    PMVote Up0Vote Down
    >If an employee is working for a company that merges and two months
    >into the merger the company that is controlling the operation decides
    >the sales force must sign affidavits stating they will resign if they
    >do not sell a certain amount, does the employee have a right to refuse
    >without fear of being fired?
    >
    >I am in Arkansas.



    The employee is an employee-at-will I assume. The bottom line is that signing the affidavit in my opinion would be considered a term and condition of continued employment, and if the salesperson refuses to sign, the employee could be fired.

    Gary D. Jiles
    Editor
    Arkansas Employment Law Letter
    Jack, Lyon & Jones, P.A.
    3400 TCBY Tower
    425 West Capitol Avenue
    Little Rock, Arkansas 72201
    (501) 707-5545
    E-mail: [email]gdj@jlj.com[/email]


    Share on Facebook Share on Twitter
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
    PMVote Up0Vote Down
    I question why the employer wants you to do this. Could it be to try to get around liability for unemployment? (This person resiged, rather than being fired -- so no unemployment). If so, I would guess that the state unemployment comission would look at the affidavit very skeptically.

    Good Luck!!
    Share on Facebook Share on Twitter
Sign In or Register to comment.