Citizenship & Jurisdiction Discuss your citizenship status, how to change it, and how this effects particular organization's jurisdiction over you.


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Old 01-12-2006, 10:29 AM
mikah2k's Avatar
mikah2k mikah2k is offline
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Join Date: Mar 2005
Posts: 338
employment contract novation

....................

Last edited by mikah2k : 12-10-2006 at 07:28 AM.
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Old 01-12-2006, 01:47 PM
idknow idknow is offline
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Join Date: Feb 2005
Posts: 2,117
editorial adjustments

my suggested changes are in curly braces {}

1. include the text of the Company policy in YOUR document as numbered paragraphs.
2. My general peeve is that when we write documents with "legal intent" we should NOT
write as lawyers write; there is a way to write which is exact and unambiguous but
without all the legalese/twister lanugage.
3. use proper King's English.

Quote:
Originally Posted by mikah2k
Here is COMPANY INC policy:
-start policy-
COMPANY retains the right to dismiss any employee, at any time, for any reason, subject to agreements with employee unions.

COMPANY INC observes the employment at-will rule. The company retains the right, subject to collective bargaining rights of union employees, to discharge any employee at any time for any reason, with or without cause, with or without notice, and without the need to comply with any plan or practice.

At-will employment can be changed only in writing and only in a document signed by both the Senior Executive Vice President-Human Resources and the employee. At-will employment cannot be changed orally, or by any COMPANY policies
-end policy-

I am not in the union. So I offer my response to COMPANY INC policy below. Please share any weaknesses of or improvements to the response below. Thanks in advance for all suggestions.

--start response
LEGALNAME
c/o truename
general post-office
city, state. [Zip]

Legal Name
Senior Executive Vice-President
of Human Resources
COMPANY INC.
Street
CITY. TX ZIP
(nnn)nnn-nnnn

RE: Notice of Amendment

[NAME OF DOCUMENT]
This instrument shall be called "Notice of Amendment".

[PARTIES]
The "First Party" means LEGALNAME, and his/its agents.
{do you really want to authorise agents to represent you to the company?}

The "second party" means COMPANY, INC., and its principals, agents, assigns, predecessors, successors, administrators, employees, officers, partners, subsidiaries, and affiliates.

[INTENT]
This notice amends and modifies the present oral, unwritten aspects of the employment contract between First Party and second party, which performance by First Party began on the Second Day of the Tenth Month in the Year of Our Sovereign Lord and Savior, Jesus the Christ, Two Thousand.

{ This notice amends the present parol agreement between The Company and myself.
My employment with the company began on the second day of October in the two thousandth year of our Lord.
}

[NO WAIVER]
No right to notices shall be waived, whatsoever, by the First Party. Any expressed waiver is hereby revoked until further notice.

{ I reserve all of my rights; additionally, any and all waivers, implied, expressed, written or parol, are revoked absolutely.
}

All future notices from second party to First Party shall be in writing, containing printed name, title or office, and signature of he/she/they who act for second party.

{ All communications between The Company and myself shall be exclusively in writing with paper and ink.
}

[INVOLUNTARY CHANGE]
Any notice from the second party to the First Party that contains an involuntary change in reporting structure or immediate supervisor ("Involuntary Change Notice") shall be presented to the First Party not less than thirty days before effective date of such change, excluding day of presentment. The Involuntary Change Notice shall contain the reason or reasons for the involuntary change and shall give the First Party opportunity to reject, in writing, the change. Failure by the second party to honor these terms shall be breach of contract and a default.

{{ ok, in the above paragraph I have a problem of properly rephrasing the content
of what you mean to indicate. does "involuntary" mean that the company doesnt need
to seek your permission as the rest of the paragr says, or

Otherwise, the word "involutary" is impotent because the rest of the paragraph nullifies
the company's right to reassign its employees, unless you are a temporary contractor with
a specific task and position. You decide, i cannot.
}}


[SUFFICIENT NOTICE]
All notices shall contain the printed name, office or title, and signature of the authorized representative of the party giving the notice. Failing to include the printed name, or office or title or signature of the party in a purported notice shall be insufficient notice. Insufficient notice is no notice at whatsoever.

{ Please see paragraph n-th above regarding all communications. In addition, the identity
of the author of any communication written to me, shall include their respective title,
title of office, mailing address and proper contact information shall be required to
complete the communication.

If any of the above required elements are missing, then the notice shall be void and without
meaning.
}

[FUTURE AMENDMENTS]
Employment contract may be amended only in writing, in ink and paper form, not electronic form, containing written consent of First Party.

{ Please see paragraph n-th regarding all communications. Additionally, when one of us recieves
an amendment from the other, the reciever may open negotiations regarding the amendment or
request clarification by way of questions offered to the other who offers the amendment.
}

[MODES OF CONSENT]
Your signature will be taken as your consent. Your failure to object in writing, in ink and paper form, not electronic form, shall be accepted as your tacit acceptance.

{{ The next line that you wrote seems unnecessary.
No response to this notice is required, but compliance would be appreciated.
}}

[LICENSE]
Copyright License Agreement: Use of any part of the Entire Document, constitutes an implied and mandatory agreement by the user to:

(A) Never register a complaint, an information or accusation about this Entire Document or its contents to any law enforcement or government organization or agency thereof.

(B) Never provide evidence about user's experiences to law enforcement or government or agency thereof that might be used to prosecute or punish First Party.

(C) Compensate First Party in full for legal and attorney fees and First Party's time in, private and public, associated with drafting and negotiating settlements, adjusting accounts, and or defending the name and property of First Party against any alleged complaints or informations or accusations, registered by or alleged evidence provided by the user to either law enforcement or government or agency thereof regarding this Entire Document.

(D) Substitute himself/herself/themselves as being exclusively liable for any judgments against First Party or First Party's associates relating to complaints, informations, or accusations, filed by him/her/them.

(E) If any evidence or information is used from this document, in an administrative or court hearing or trial, then the person submitting it to any administration or court stipulates with First Party as a condition of the copyright to admit the Entire Document. No part of the Entire Document can be admitted without all of the Entire Document being offered for proof and admitted and subject to examination by the jury.

(F) User's appointment of First Party, as user's attorney-in-fact, without duty of allegiance, without duty to act, and without First Party issuing bond or other security, for First Party to sign without liability and without recourse to First Party, user's name or names on any and all documents, instruments, at First Party's option, to attorn all of user's wealth, assets, land, and property, into subjection of Our Sovereign Lord and Savior, Jesus the Christ, or any Joint-Heirs of the Same, in the event user fails to perform any of "(A)," through "(E)".

[LAW]
The law of this instrument is God's Word, the Holy Bible.

[SEVERABILITY]
If the First Party agrees in writing to allow a court of competent jurisdiction to trespass on this notice, and if that court of competent jurisdiction were to find any part of this notice to be unlawful, such unlawful part shall be stricken so as to minimize the number of words stricken, and the rest of Notice of Amendment shall be enforced.

Notice to agent is notice to principal. Notice to principal is notice to agent.

Respectfully tendered.

[ACKNOWLEDGEMENT]
Dated this ______ Day of the _________ Month in the Year of Our Sovereign Lord and Savior, Jesus the Christ, Two Thousand and ___.

No liability assumed,
No value assured,
Without Recourse,
LEGALNAME,

by ________________ truename, sui juris, Agent, Without Prejudice.

Expressed Acceptance of second party

COMPANY INC.

by__________________
LegalName,
Senior Executive Vice-President
of Human Resources

--- end response

ok, that's all i have for now. I need to ponder the rest.

Any questions?
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
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