What is my right if I’ve been forced with termination if I don’t agree chang my employment contract?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my right if I’ve been forced with termination if I don’t agree chang my employment contract?

I have a 2 year contract with my hospital employer as nurse practitioner. I have been threatened with termination if I do not agree to change my contract whereby I will loose income and PTO hours. The email states,

Asked on October 20, 2018 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did your contract prevent them from terminating you? Did it guaranty your employment for a fixed period of time (e.g. 2 years) which was not yet expired? If so, then you were likely forced to sign under duress and can therefore void the change you signed: a contract signed under duress is not enforceable, and it is duress if you are threatened with an illegal act (e.g. termination when your job is protected by the terms of a contract). However, if they could have terminated you (i.e. your contract did not prevent termination under these circumstances or at this time), then this was not duress in a legal sense--it is not an illegal act or illegal duress for someone to threaten to do something they are allowed to do anyway. Without contractual protection, you could be terminated at any time ("employment at will" is the law of this country except to the extent changed by a written contract). Since they could terminate you in this second case if you did not accept the change, you were confronted with a legitimate choice--accept the change or leave employment--and voluntarly chose to accept the change; therefore, you will be held to what you signed. The critical and only issue then is whether your contract prevented them from threatening your job or terminating you; if it did, the document you signed should be voidable by you, and you should consult with an employment law attorney about how to do so and potentially seek compensation for their breach of contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption