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An employment contract cannot be changed solely because the employer revises the contract and the employee signs it. In order for the new contract to be enforceable, there must be a third component ? mutual consideration.
The enforceability of employment contracts is governed by California contract law. An employment contract does not necessarily need to be in writing. Instead, the contract may be found enforceable so long as you and your employer had a ?meeting of the minds? on the terms of your agreement.
Contract modifications require both your consent and that of your employer. Therefore, any changes made without you agreeing to them are null and void. Depending on the magnitude of changes made, the court might nullify the employment contract entirely.
Can you amend a contract after signing it? The answer is yes, you can. If the contract has already been signed, all parties must agree to make the amendment. While it can be trickier to change a contract after it's signed, communicating a clear reason for the change can often be acceptable to the other party.
Cooling-off Rule is a rule that allows you to cancel a contract within a few days (usually three days) after signing it. As explained by the Federal Trade Commission (FTC), the federal cooling-off rules gives the consumer three days to cancel certain sales for a full refund.
This is called a post-signature amendment and requires a written agreement between the two parties. In order to alter the original agreement, you will have to sign a new contract that defines the necessary changes. This second contract remains valid for as much time as the initial document.
[A] modification to a pre-existing employment contract will not be enforced unless there is a further benefit to both parties. This rule of fresh consideration is particularly relevant when it comes to termination clauses introduced into amended employment contracts.
An addendum is for expanding upon information in a contract. It does not reverse or modify anything already included in the original agreement. An amendment alters one (1) or more existing clauses in an active employment contract.
The term ?fresh consideration? essentially means to provide something of value in order to make the new contract binding and enforceable. This can be a raise or a bonus or some additional benefit in exchange for signing the new agreement. (For example, additional vacation time, or new or improved health benefits.)
An employer that amends a contract without your consent has no right to enforce the amended contract terms. In some instances, you can take the employer to court for breach of the original contract and recover damages. Serious legal consequences await any party that changes the terms without the other party's consent.