My hiring manager made me sign an employment contract between him and I. He is leaving and I have to leave?

Question

My manager gave me an employment contract when he hired me. He doesn't own the company, he just works for these people.

My contract states that I am not allowed to accept his position, title, or any of his management capacity while he is still employed with the company without his written approval.

It also states that if he leaves the company, whether voluntarily or involuntarily, I am required to also quit if I am requested to do so at time of his termination or resignation.

Well he told me this week the owner is thinking about replacing him involuntarily. I am going to have to quit or I would be in violation of the contract. I need to find another job. I know he is just covering his butt to have job security. But is this fair to me? Can he do this? 35 other employees are under this same contract. If he is fired, no one he hired would be able to work for the company and it would be disastrous financially for the company if they quit all at once.

Answer 1

Talk to the owners and if they want to keep you just quit and let them re-hire you without that stupid contract.

Answer 2

An absolutely fascinating question. I've been around the block a few times and I have never... NEVER, heard anything like this. Having said that, let me also offer a few disclaimers. Each state is different and I'm from CA, so the laws are probably different if you've living elsewhere. I'm also not an attorney, so double check everything with a qualified expert before you make any major decision. However...

You boss has balls. Big brass balls. What he has done is, depending on how you look at it, is either a)stupd, or b)illegal. First of all, in CA, there is no such thing an an enforceable employment contract. All employment is at will. You have the right to leave at any time, for any reason, or no reason. Similarly, the employer has the right to terminate your employment for any reason, or no reason.

But, more to the point. Your boss is NOT your employer, and I have no idea why he would have you sign an employment contract with *him* that protects *him*. Your employer needs to be making decisions about whether or not you work there, not some paranoid delusional boss who thinks he can prevent you from being hired to take his position. Personally, I'd talk to the employer and find out what they think of the situation.  

Answer 3

Maybe you can claim that you signed the contract under duress.  Why else would you sign something like that..  Also, did the owner grant the manager such authority?

Answer 4

I don't think it's fair, and I doubt he can hold you to it. He does not sign your check or own the company. Find out from the owners,,,,and soon

Answer 5

Just like everyone else said contact the owners and let them know whats going on and maybe they will work something out. Don't think I would have signed the contract though just doesn't sound right.