Is making us sign a agreement with "is a condition of your continued employment" legaly binding?

[techgeek]

Our work has decided to spring up a new Confidentiality Agreement on us. It was 5 pages long. While some of it is very understandable and within reason, their are parts that really step over the bounds of our rights and pretty much goanna make it so following the policy would be impossible and not practical. Basically making us all fire able and legally responsible. They go to great depths in pretty much pointing out anything can be considered confidential and does not need to be stated it. For example, even talking to an other employee about and other employees education for example. Or problems about the company with another employee would violate this agreement. So technically discussing a new rule or policy with others in the company would make you in violation.
They give themselves the right to search your personal elec devices or your email accounts, social media accounts and so forth. Like If two employees messaged each other with their phones, or online, then the company saids you wave your right to privacy on these accounts or devices because they deem the info as confidential.
Sharing any info you need authorization in writing, even if its requirered to perform your job. Their is also stuff saying we aren't even allowed to delete confidential information without their written permission.
So lets say during the coarse of my job, I am doing quality control inspections and someone does not do their job properly, I take a photo of the evidence to show my boss with my phone. The company considers this confidential information, I am not allowed to delete it off my phone without their written permission to do so. I am also now surrounding my rights to privacy on my phone. And now if I lost my phone or it was stolen, I am responsible for the breach of information which could be damaging to the company. And this is even up to 5 years after I am no longer working for them.
While some companies me be trust worthy, ours has a history or making such rules simply to screw over employees and prevent them form exercising their legal rights.
Like we have a non compete agreement they made us sign. They knew they couldn't enforce it because they tried on a ex employee in court, so now they simply threaten anyone you try to work for with a lawsuit. Who wants to go through a lawsuit simply to hire someone?
Well this agreement they want us to sign does not give us anything in exchange. But its simply states " is a condition of your continued employment".
Obviously, being work at will in a right to work state, we have little recourse here and have to sign it or else we are out of a job, loose our benefits, and so forth. It seems nothing more then extortion. Can this contract or agreement even be held up in court?
I guess my argument here would be, would signing this agreement be done in do so due to duress as we will be terminated for not signing it? Also due to the fact we are not gainging anything to benifit us from doing so. We are already employed prior to this new agreement.
I guess my argument here would be, would signing this agreement be done in do so due to duress as we will be terminated for not signing it? Also due to the fact we are not gainging anything to benifit us from doing so. We are already employed prior to this new agreement.
Ok I seem to be getting conflicting responses on this issue.
The phones are not company phones but personal phones.
He are in the State of Indiana, we all live here and work here. We are stationed here. Our company headquarters are in a different state in which this agreement try's to portrait in a very confusing manor that the agreement would be using the laws of. This part is very confusing how it is written and different from what I have seen before in the wording that would state being enforced in a given state.
I was in the understanding of allot of what michr was commenting. While I have worked a number of different times through my lifetime. I never worked at a company that did the things are company has done. Nor have I worked at one that came out with a 5 page confidentiality agreement like this. I normally would not be concerned about such issues either, but I have seen how our company has done this kind of things and to goto court against employees and send threatenin

[michr]

it is legal to require you to sign without any other remuneration....

would it be enforceable?
a lot of it is most likely NOT but some of it may be...

where are you? that will have a huge affect on this...


there are a number of states that have recently passed laws concerning private email and social media making it illegal for an employer to limit those or require access to them as long as you are not using them during work hours....
for an example see:
http://www.state.il.us/agency/idol/

the 5 years alone makes this almost certainly unenforceable, the scope is simply to wide and the length of time is unreasonable...
although it may be unreasonable their definition of confidential and work product would probably stand up...
do NOT use your personal phone to take pictures or do anything else for work, in many states it is not legal to limit what you discuss or who you discuss it with outside of the workplace and work hours....

if/when you do use your phone to take a picture at work just get written permission to delete it, following that part of the policy is simple to follow regardless of it's legality....


much of this is not enforceable, and it would never get to the point of a court battle, the employer is not stupid and they can not file civil suits that are frivolous any more than any one else can....
the issue is how far do you want to push this? why not sign, follow what is legitimate and don't worry about the rest, if it comes down to a legal battle then go that route but it almost certainly never will....


EDIT:
'ranger' does not understand how these agreements work and/or don't work,
just because you sign it does NOT mean it would stand up in court....
there are more reasons that are illegal to use in terminating an employee than illegal discrimination or breaching a collective bargaining agreement.....it is not legal even in "at-will" employment to fire an employee for taking part in a "protected activity"....
firing an employee because they refuse to sign or because they signed but failed to follow an agreement that is illegal (in and of itself) is firing that employee for taking part in a protected activity, in MOST states under MOST circumstances...


the courts have regularly held that an employer does NOT have the right to limit your ability to find work in your career field and must prove legitimate, verifiable criteria to place such limits.
these types of agreements MUST be strictly construed to relate to real trade secrets or the protection of trademarks and proprietary information/products.
the scope of these agreements must be limited in time and geographic area that is relevant to the information/products that are protected.... much of what you have listed here is NOT proprietary information, and is not subject to protection....
with that said there are parts that may be legitimate so sign the agreement and quit worrying about it, if they ever tried to enforce a clause or condition that does not meet the requirements of the law they would lose....

[ranger_co_1_75]

Can your company legally require you to sign an agreement or fire you? YES, they can legally fire you for no reason at all, or for any reason not specifically listed as discrimination by law.

Is the document enforceable in court? YES, you had the option of quitting or agreeing. You agreed, so it is enforceable in court.

Do they owe you anything for changing the conditions of your employment? Not unless you have a Union Contract or personal Contract forbidding the changing of conditions of employment. In the USA an employer can change your job description, raise or cut your salary and benefits and ignore their own rules but enforce them upon you without notice. You have the option of quitting if you don't like it.

[kyle]

Duress means that you are in fear for your life or physical safety if you do not sign.

Duress does not mean that you were pressured to sign something you don't want to. The agreement DOES give you something in exchange. In exchange for signing the agreement, you keep your job. If you choose not to sign the agreement, they will terminate you or you can quit. It isn't a great situation, but it is a valid bargained-for exchange.

Yes. The majority of the agreement is enforceable. And frankly, portions of what you think is unreasonable (i.e. the issue with the phone) is not. If you use your personal phone to conduct business, then your employer has an interest in the contents of your phone.

My guess is that the entire agreement is little more than a CYA for the company. If you violate the terms of the agreement and they fire you, they will use this agreement to try to keep you from qualifying for unemployment.

[M W]

If you don't sign, you will probably be terminated. I don't see anything wrong with expecting employees to toe the line and not talk about each other. Taking photos of other employees at work is wrong on all levels. Prohibiting it is not infringing on any of your rights. Asking you to avoid gossip about other employees is totally reasonable. Emailing others about your work or co-workers SHOULD be cause for dismissal.

I have to take the side of the company on this one. Just sign the darn paper and keep your job.

[imgeminirising]

It's pretty clear just by your subject line that this IS a condition of your future relationship with this company. I suggest you read it well and sign it or quit your job.

This appears to be restrictive, but it may also be some protection against litigation for them and for their employees. People sue over anything these days, so it may help you. too that your co-workers also have to respect these rules when dealing with you.

Is your phone supplied by the company? If it is, then you should do exactly what they ask...and not use it for anything personal.