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I have seen several contracts that have terms such as "by accepting this offer you agree to sign a NDA/Non-Compete/Anti-harassment/Etc". How can this be fair prior to even seeing the NDA?

I work for a company that during the on boarding had a website say

I acknowledge that I have downloaded and/or was provided with the Company Employee Handbook on the previous page of this onboarding portal. All Company policies contained in the Handbook are subject to change or modification at the Company’s discretion. Complete and current versions of all Company policies and the Handbook are available to me on-line once I am an active Company employee.

I recently was in violation of a rule that I believe contradicts the law. I honestly don't remember being provided with any handbook. I remember the website being very buggy and think the recruiter advised me just to click ok on everything.

I have a few related questions that I ask out of curiosity

  1. if the policy in the handbook was enforceable, would I be in breach of the contract if I didn't follow it? It seems unreasonable to say the handbook can be updated from time to time and that I had agreed to always follow it no matter what
  2. Is the contract void if I was never provided with a handbook?
  3. Is this even a contract? Hypothetically speaking could the company fire me or do more for a breach of policy in the handbook which I had been given?
  4. In general if you were given instructions just to "click ok" could that make the contract void because of not having agreed to it?
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NDA

This is an “agreement to agree” and these are unenforceable because they are void for uncertainty..

Handbook

  1. if the policy in the handbook was enforceable, would I be in breach of the contract if I didn't follow it?

Yes.

It seems unreasonable to say the handbook can be updated from time to time and that I had agreed to always follow it no matter what

Not really, at common law an employee is obliged to follow the lawful and reasonable directions of their employer and these can be formalised in a handbook which can change over time. Bearing in mind, that your employer has an obligation to tell you when these instructions change and, if you don’t like the changes, you can always quit. If you believe they are unlawful or unreasonable you can raise this, with union help if you like.

  1. Is the contract void if I was never provided with a handbook?

But you were provided with the handbook - you signed a document saying you were. When you sign a document saying you did something then legally you did it even if you didn’t. Don’t sign statements unless they are true.

  1. Is this even a contract?

An employment contract is a contract albeit a highly government regulated one.

Hypothetically speaking could the company fire me or do more for a breach of policy in the handbook which I had been given?

Yes.

  1. In general if you were given instructions just to "click ok" could that make the contract void because of not having agreed to it?

No - I presume you are an adult, the law expects you to be responsible for what you do. Similarly, you can’t rob a bank because someone tells you to.

  • For point 3. I meant is the handbook considered a contract, because in the actual employment contract it says "you agree to follow the handbook". The handbook refers to it's contents as policies, which I thought holds less weight than terms of a contract. – fetcheatable Jul 11 at 20:19
  • 'This is an “agreement to agree” and these are unenforceable.' what law says so? – fetcheatable Jul 11 at 20:19

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