Contract Changes

[ullyeus]

I was wondering where the legality is as far as modifying a contract? I'm pretty sure it's legitimate but wanted to seek some other opinions.

For example, when I was but a mere child my school would take me on fieldtrips and every parent would have to sign a permission slip. Now, these permission slips generally said "the school is not responsible for anything that happens to your child". My mom would actually write onto the slip "...with exception of gross negligence" and then send it back with me.

Would my mom have had a better legal standing than other parents because of this?

The reason I am currently asking is because my work pays for school but always in the contract we enter into is a little blurb that states "If you leave employement with this company in the next year you will have to repay 100% of these funds". Now, if I were to just put a line through that statement (cross it out) would I still have to repay that? Assuming I left within a year of taking school? What if I were to to create a new contract nearly identical to the template we already use but omitting that section?

I don't want to "hide" this from my work, though I don't really want to advertise it and get in a big conversation with them about it either.

Thoughts?

(not sure where I should have put this question so I opted for careers)

PS: Has anyone had a similar contract and broke it? Did your previous employeer come after you for the money?

[iamfat]

You're mom must really love you!! When I have children, I'll remember to add that.

Now to answer your question, whenever a contract (of any type) is modified, BOTH parties must agree. So if you change a contract, you will need to indicate that the other party agrees to the change, usually by initialing the contract itself. But if there are heavy changes, a new contract should be written up to avoid any confusion.

Sooo, this brings us back to your mom. Even though she wrote that on the permission slip, it may not be sufficient evidence in court, BUT writing something in is better than NOT since when she modified it, she agreed to HER terms not the school's default terms. Hence, there was no contract formed at all. So if you were injured, then the school would be liable because in essence, the contract never held.

[hightechfan]

I was wondering where the legality is as far as modifying a contract? I'm pretty sure it's legitimate but wanted to seek some other opinions.

For example, when I was but a mere child my school would take me on fieldtrips and every parent would have to sign a permission slip. Now, these permission slips generally said "the school is not responsible for anything that happens to your child". My mom would actually write onto the slip "...with exception of gross negligence" and then send it back with me.

Would my mom have had a better legal standing than other parents because of this?

The reason I am currently asking is because my work pays for school but always in the contract we enter into is a little blurb that states "If you leave employement with this company in the next year you will have to repay 100% of these funds". Now, if I were to just put a line through that statement (cross it out) would I still have to repay that? Assuming I left within a year of taking school? What if I were to to create a new contract nearly identical to the template we already use but omitting that section?

I don't want to "hide" this from my work, though I don't really want to advertise it and get in a big conversation with them about it either.

Thoughts?

(not sure where I should have put this question so I opted for careers)

PS: Has anyone had a similar contract and broke it? Did your previous employeer come after you for the money?

Both sides have to agree to the change.You just can't change it with out them even knowing about it.

[rdtx2002]

so in essence you want to cheat the employer to paying for your education?

I think they can come back to you for the money because it's probably written somewhere in their HR department 'legally' that all contracts are bound to that clause.. you can't get away simply by 'crossing' that clause out... unless both sides agree to this

[ullyeus]

Both sides have to agree to the change.You just can't change it with out them even knowing about it.

I guess that's my question, what is making them "know" exactly. Is modifying it then providing it to them to sign enough? Do I need to somehow get it authorized? Have a meeting? Get them to actually sign indicating they noticed the change? If they sign it with my modification evident I assume it would be as if they acknowledged and accepted it?

[ullyeus]

so in essence you want to cheat the employer to paying for your education?

I think they can come back to you for the money because it's probably written somewhere in their HR department 'legally' that all contracts are bound to that clause.. you can't get away simply by 'crossing' that clause out... unless both sides agree to this

As already mentioned, is them signing the document after I make the modification "agreeing" to it? I'd assume so but want to understand this so I am not cheating my employer.

[hightechfan]

I guess that's my question, what is making them "know" exactly. Is modifying it then providing it to them to sign enough? Do I need to somehow get it authorized? Have a meeting? Get them to actually sign indicating they noticed the change? If they sign it with my modification evident I assume it would be as if they acknowledged and accepted it?

Yes it needs to get authorized.

[ullyeus]

Yes it needs to get authorized.

Could you explain what you consider "authorized" to be? Signed by upper management after the modifiction is or is not "authorized"?

[hightechfan]

Could you explain what you consider "authorized" to be? Signed by upper management after the modifiction is or is not "authorized"?

You have to go to managment till them you want to make a change.They may or may not agree.If you alter the contract your self that could void the contract.

[Sylvestre]

Your mom actually didn't need to write that in. History has shown that in cases where negligence resulted in injury, a limit of liability tends not apply. Of course, the burden is to prove actual negligence occured.

Anyways, yeah, you would need to ensure your company was aware of the changes, and someone in a position of authority would have to approve the change.

"Authorized" or "Position of authority" varies, and is based on your company structure. It could be HR, it could be your manager, it could be board of directors, it could be president etc.

Those types of statements re: paybacks are very normal, and I'd be very surprised if the company allows its removal. And expect to have a long discussion if you do try to get it removed.

[Firebot]

Could you explain what you consider "authorized" to be? Signed by upper management after the modifiction is or is not "authorized"?

You need to note the change on the contract by initials, and both parties have to initialise it. By handing them a modified version of their contract without informing them of changes to their contract, you are facing not only the chance of being in breach of contract (the repayment portion), but also of contractual fraud. This isn't kindergarden where a note to the teacher will work.

Put it another way. Do you think you would be able to get away with sending a doctored contract that changes your salary by 10000? You would be fired on the spot. Frankly, even if you do talk to management about the change in contract you want, you likely won't get it, and it could come to losing your job over it if you do not agree to their terms. A job is a priviledge, not a right.