If on the last day of work my employer had me sign an NDA, is it valid since I signed it out of fear and was tricked?

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If on the last day of work my employer had me sign an NDA, is it valid since I signed it out of fear and was tricked?

The last day of my job I told them I wanted to enjoy my time off and didnt want to come in. The employer said that I absolutistely had to come in to sign papers of understanding. He let me know what I just needed to sign papers

terminating my health insurance. I ask him if he could email the paperwork because I would needed time to read it. He said I had to come in to sign it. I came in and he bombarded me with an NDA he didn’t mention and I didn’t have time to read. He kept pushing me and I signed it out of fear.

Asked on June 2, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal because even if "he kept pushing" you, you legally could have simply refused to sign it without reading it, or even to sign it at all. He had no power to force you to sign it: you chose to, and even if you did because you were being pressured by him or in a hurry, etc., you still voluntarily chose to sign it. Being pushed or pressured to sign something does not invalidate the agreement--people often feel pushed or pressured to sign agreements in various circumstances.
The law presumes that you read, understood, and agreed to what you signed, and holds you to your signature--i.e. you are held to the agreement. In the future, simply refuse to sign if you are not comfortable doing so or do not understand/agree with the document, and walk out the door if the other party keeps harranging you.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal because even if "he kept pushing" you, you legally could have simply refused to sign it without reading it, or even to sign it at all. He had no power to force you to sign it: you chose to, and even if you did because you were being pressured by him or in a hurry, etc., you still voluntarily chose to sign it. Being pushed or pressured to sign something does not invalidate the agreement--people often feel pushed or pressured to sign agreements in various circumstances.
The law presumes that you read, understood, and agreed to what you signed, and holds you to your signature--i.e. you are held to the agreement. In the future, simply refuse to sign if you are not comfortable doing so or do not understand/agree with the document, and walk out the door if the other party keeps harranging you.


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