Legal Question in Business Law in New York

Re: signing an alleged contract for work

You have the right to see your personnel file. Ask the personnel people to make a copy of it for you (this might be at your expense) or take it to a copy machine yourself if they let you take it that far (they may not). Read ALL of the paperwork therein CAREFULLY, or have your attorney go over it for you; it may very well be that when you started your job you did sign such a agreement, but it was hidden away in the flurry of employment papers you signed on your first day. If that is the case, you probably do have to reimburse your employer for the drug/psych testing if you leave your employment before 1 year has elapsed.

If you (and your lawyer) cannot find a clause requiring you to pay if you leave before the year is finished, then you know your employer is just blowing smoke up your you-know-what and you can thumb your nose at them as you walk out the door. However, if you don't find it the first time, read the materials again; I'd be very surprised if such a clause is NOT in there somewhere. Running psych evals and drug tests is a big expense for employers, and employers tend to put that clause in so that if the employee up and quits before a year has elapsed the employer isn't out quite as much money (believe it or not, those tests give them an investment in you -- a psych eval and drug testing do cost some significant bucks -- and they want you to stay for as long as you're willing to put up with them so they can recoup their costs out of you).

If the clause is in there, you have the choice of (1) leaving and paying for the testing and other fees you signed the contract agreeing to pay; or (2) sticking it out for a year.

If you have only worked for them for three days and you're already quitting on them, they are not brimming with goodwill for you this holiday season. Your leaving will cost them a bundle, and they don't like it. They will probably balk at paying you for your three days' work, whether the clause is in there or not, to at least partially cover the expenses they incurred in hiring and testing you (and they just might win that one if it goes to court). It would cost you far more to sue them for the three days' pay than you would ever recover.

By the way, it's your responsibility to read the contracts you sign before you sign them; it is not their responsibility to tell you what is in them.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.