Ask a Lawyer is a public chat forum, where you can ask lawyers for very general information. Because it is public, your questions, comments, and responses are not confidential. Please contact a lawyer in our Directory directly if you need a private opinion about your specific circumstances.
A co-worker at work is advising people that if there is a workplace policy they disagree with but have to abide by in order to remain employ they can sign the contract and put UFD (Under Financial Duress) under their signature to avoid any consequences by not following said policy they signed.
That really sounds wrong to me, but I don't know the legality of it. I don't want people losing their jobs by following this advice and then getting canned as a result, but I don't know enough to say otherwise.
You can always claim duress to invalidate a contract, but it takes fairly extreme circumstances to prove duress. Duress usually requires that the pressure applied meant the person had no other choice but to submit, and that the pressure applied was illegitimate. For example that might be where the employer threatened to breach the employment contract unless the employee agreed to different terms. Disagreeing with or disliking a policy isn't enough on it's own. I would recommend consulting a lawyer about the specific policy.
If someone is alleging duress, part of the test is whether they protested and took steps to avoid it afterwards, so writing "under financial duress" and resisting might help to prove that. The problem though is that their employer can still fire them for deliberate disobedience, and they may not be entitled to compensation for wrongful termination if they can't prove duress, writing UFD might even help the employer prove that the conduct was deliberate. Writing UFD definitely doesn't mean that they don't have to follow any agreements/policies whatsoever.
012 months ago
You must log in or sign up to reply to conversations.
DISCLAIMER: The information herein is not legal, tax, or accounting advice or opinions.
This website contains content and files submitted by third parties, to which you download or view at your own risk.
The Alberta Legal Coaches and Limited Services Society is merely a directory, it is not responsible for the actions or omissions of the lawyers listed in its directory.
By using this website, you agree to release the Alberta Legal Coaches and Limited Services Society, its agents, employees, and directors from all present and future claims and liability, including liability arising from any negligence.
