Do I have to sign the off-boarding checklist?

Jonathan_Powell

I left my company and yesterday they emailed me something to sign. Most of it is looks pretty straight forward about agreeing to return equipment etc. However, I've never had to sign something like this before when leaving a company. It then goes on to say "I" promise to protect trade secrets and a bunch of other stuff about no trying to poach staff etc. I was not in a senior role and this just seems pretty OTT for me. 

One reason I am quite hesitant to sign it is because this company is just weird. I know other people are looking to leave. Will they spin up some bull to say I "induced" people to leave? A former colleague handed in his notice and was given an ultimatum of resigning on the spot, forfeiting his notice period and pay and getting a standard/good reference. Or, serve his notice period and they will bring up disciplinary action and screw up his reference.

I performed very well at this company but even had an incident where part of my bonus wasn't paid as they will only pay it if I stayed... Is there anything saying if I just ignored this letter, can they withold my pay?

Dakta

Loads of companies have off boarding checklists, not sure myself in the legalities of it all but is there any reasonable sort of reason you wouldn't want to sign it? What you've mentioned seems pretty much standard 

elsien

Dakta said:

Loads of companies have off boarding checklists, not sure myself in the legalities of it all but is there any reasonable sort of reason you wouldn't want to sign it? What you've mentioned seems pretty much standard 

Yes, but they generally happen before someone leaves. Afterwards is a bit of a case of horse/stable door. 

TELLIT01

If I signed it at all, I would agree the section about returning their property and cross out all the rest.  In its current form they could potentially try to have you for 'poaching' if you told one of your mates you love the new job and they have vacancies.

As said, requesting it be signed after you have left is a bit stable door.

Dakta

elsien said:

Dakta said:

Loads of companies have off boarding checklists, not sure myself in the legalities of it all but is there any reasonable sort of reason you wouldn't want to sign it? What you've mentioned seems pretty much standard 

Yes, but they generally happen before someone leaves. Afterwards is a bit of a case of horse/stable door. 

To be fair it is!

Marcon

Jonathan_Powell said:

I left my company and yesterday they emailed me something to sign. Most of it is looks pretty straight forward about agreeing to return equipment etc. However, I've never had to sign something like this before when leaving a company. It then goes on to say "I" promise to protect trade secrets and a bunch of other stuff about no trying to poach staff etc. I was not in a senior role and this just seems pretty OTT for me. 

One reason I am quite hesitant to sign it is because this company is just weird. I know other people are looking to leave. Will they spin up some bull to say I "induced" people to leave? A former colleague handed in his notice and was given an ultimatum of resigning on the spot, forfeiting his notice period and pay and getting a standard/good reference. Or, serve his notice period and they will bring up disciplinary action and screw up his reference.

I performed very well at this company but even had an incident where part of my bonus wasn't paid as they will only pay it if I stayed... Is there anything saying if I just ignored this letter, can they withold my pay?

Unless your original contract contained something confirming you'd have to sign this sort of exit ticket, they certainly can't make you sign it.

If you're confident you'll get any outstanding pay, and your reference won't be subtly 'altered'/refused, then it's up to you whether you sign.

Jonathan_Powell

Dakta said:

Loads of companies have off boarding checklists, not sure myself in the legalities of it all but is there any reasonable sort of reason you wouldn't want to sign it? What you've mentioned seems pretty much standard 

The bit about pursuing legal if a clause is broken. This company has done some weird stuff in the past. Don't want to be in a position where someone joins where I am, or another company, and they try to pull some bull because of this clause. 

Undervalued

Dakta said:

Loads of companies have off boarding checklists, not sure myself in the legalities of it all but is there any reasonable sort of reason you wouldn't want to sign it? What you've mentioned seems pretty much standard 

Why would you sign anything you are not obliged to unless you believe there is some benefit to yourself in doing so?

They cannot lawfully withhold any contractual payments that are due to the OP if he refuses to sign (although obviously that doesn't mean they won't try)! They could offer an inducement to sign, effectively a "golden handshake" if they feel that whatever benefit they get from such a contract is worthwhile to them. That would be fine as the OP could consider the matter, take advice and then decide accordingly.

getmore4less

That was quick,  are they doing PILON or garden leave.

if you have been terminated already then you could just sit on it.

You can email back to say you have received the email.
Could respond to the bits you are happy with like equipment return, with a list and plans to return
like I will drop of the X,Y,Z on Tuesday morning who should I give them too? 

Then just ignore the rest.

edwel1793

Jonathan_Powell said:

I left my company and yesterday they emailed me something to sign. Most of it is looks pretty straight forward about agreeing to return equipment etc. However, I've never had to sign something like this before when leaving a company. It then goes on to say "I" promise to protect trade secrets and a bunch of other stuff about no trying to poach staff etc. I was not in a senior role and this just seems pretty OTT for me. 

One reason I am quite hesitant to sign it is because this company is just weird. I know other people are looking to leave. Will they spin up some bull to say I "induced" people to leave? A former colleague handed in his notice and was given an ultimatum of resigning on the spot, forfeiting his notice period and pay and getting a standard/good reference. Or, serve his notice period and they will bring up disciplinary action and screw up his reference.

I performed very well at this company but even had an incident where part of my bonus wasn't paid as they will only pay it if I stayed... Is there anything saying if I just ignored this letter, can they withold my pay?

I don't think they are allowed to do that. 

But if you're still unsure, have someone scrutinize and review the contract you had signed (when you started) and see if they can spot any tricky statements about this "exit" contract. 

Sandtree

In many cases the non-compete, don't poach staff etc is already in the contract of employment and therefore having it in the Leavers Checklist is really there to remind you what you have already agreed to rather than making any new provisions... its the same for NDAs when dealing with a piece of confidential work; the only difference from the contract of employment may be not telling other employees about it but any external considerations will already covered off.