Is it illegal for an employer to ask you to sign a contract stating that you will not file for unemployment?

Yes it is illegal. You cannot coherse someone into signing a contract to relieve themselves of occupational rights or any rights in general. Contracts are applicable to personal property ownership/rights, liability, and guardianship only.

For example... I can't ask you to sign a contract in which you agree not to vote in any election, or I won't hire you at Burger King.

The only times someone can have you sign a contract which you agree not to file for unemployement is if you are agreeing to other forms of compensation in leui of filing unemployement......this is something you might sign if you were getting a severance package, or if the terms of your employment is contractual. But they cannot make you sign it as a condition for your employment.

It is illegal, but go ahead and sign it, because it's illegal nature is exactly what will make it unenforceable in court.

As an employee, you're the one who pays into unemployment compensation, so if you get fired, you can still file and what are they going to do? Fire you again? They can't do anything to you, they can't fire you, they can't sue you, they can't stop you from getting the unemployment.

That being said, it also seems to me that these people are really shady if you have to sign this before starting to work there. It sounds to me like they got busted too many times for firing people without cause, and they are trying to cover themselves, but it's not a valid contract if it's illegal, period. It might be a better idea to forget the whole thing and get a job somewhere else.

Sweatpea is the ONLY response that was correct. Asking you to sign a contract not to file for unemployment, or to give up your first born to get the job is NOT illegal.

It WILL, however, make any such contract void on its face as against public policy. Therefore, even if you do sign and are later in the situation whereby you must file for unemployment, the contract is worthless against you.

Is it a seasonal job? I know when I worked for a campground I had to sign one stating that I took it knowing it is seasonal and that I would not file for unemployment at the end of the season.

Don't know for sure but it "sounds" illegal. When employees file for unemployment it makes the "employee" look bad and might raise their unemployment insurance rates. That's why alot of them will fight it and say they had cause for termination (firing) you. If they can prove you did something wrong, they don't have to pay.

In what city do you live (or intend to work?). To get an accurate answer to this question you MUST inquire at the Labor Department of our Government. We have a very good one in NYC. Reach your own city LD and ask them so you 'll know once and for all.

It does sound bad to me, so regardless of what you find out...try to get a better company that doesn't expect you to sign your life away.

Good luck! Adela

It is always illegal to sign someones name! You had the right to say no. I do not think you can sue him as he could say he was testing your honesty. You might not get unemployment since you quit the job and he did not fire you. Can you find another job somewhere???

Sounds like they want to not pay their unemployment taxes, and then be able to say "Look! The employees said they wouldn't file, so why should I pay it?" So no, it doesn't sound legal. But I'm not a labor lawyer.

That is indeed illegal. I would question their desire for this and I would probably look to anotther employer. It sounds to me like they have high turnover or they are not legitimate.

That dont sound right...how many employees work there...i think if its less than 40 than they can do that i beleive.