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SamuelRSmith said:
richardhutnik said:

Do you seriously think a place like McDonald's is going to bother to hire someone and offer them a contract for terms of employment?  How exactly would it be enforceable, and do they want to even bother to want to take a person to court if they did up and leave?  Corporations are usually set in their ways, and those who franchise follow very tight patterns and look to hire people in those patterns.  A problem with what you suggest is that it is devoid of consideration on the part of the employer.  And, if you want to see why employers are against unions, the main reason is that unions make them signs contracts regarding employment.  Employers want much more flexibility to hire and fire as they choose, which is why right to work is what is pushed for.  It means to have everything on a whim.  Employers know that if something comes along someone will end up jumping on it, irregardless of what people may say when hired. 

I am reminder of a time, coming out of college, I did offer to have them have me sign a contract for employment I would promise to stay with them if they hired me.  This was for an IT position.  They didn't bite on it.


Well, first and foremost, you need to look a bit more carefully about how McDonald's is set up. First of all, they hire anybody, because they're used to the high turnover of staff, that's what their business model relies on. Second, McDonald's doesn't do the hiring, it is done by the franchise owners, they write the contracts, and do all the rest. You negotiate such terms with them. Hell, they may not even bite, but just the fact that you're discussing such things with the manager you're interviewing will suggest to them that you're more serious about sticking around (even if you're not).

Also, you may very well be right about major corporations not agreeing to this kind of thing. Well, it's a good job the vast majority of employers are not major corporations, they're small and medium businesses, where such things are much more realistic.

How is it enforceable? The same way all contracts are enforceable... through the courts.

It didn't work for you once, so you give up on it? Not to mention that if this problem is even as large as Mr. Khan suggested, the idea of these contracts would be much more common than they are today, and, as such, more businesses would be open/aware of the idea.

Why it isn't enforceable in courts is that what you may be able to negotiate won't involve sufficient amount of consideration for courts to hold it.  Sure, an employer will end up agreeing that you promise you won't leave for X months.  But will they offer consideration back that they won't fire you in that time period?  If it is one-sided where one side will pay fines, and the other side offers nothing back, if it goes to the courts, the courts will throw it out.  This is very likely a reason why large corporations won't do it.  You don't think they haven't run into this?  If it was such a great deal for them, don't you think they would offer it?  Even contractors (see the word contract in there?) who do sign contracts for employment, have much flexibility to get out of them.  Right to work means hire or fire at will, and is an environment employers prefer.  Even if you beg otherwise, you don't get it.   And those one way contracts look a lot like... slavery.  That is exactly the relationship a slave has.  They are bound to an employer for lenght of time, and the employer can then let them go for any time, and any reason.  Courts won't honor that.  Doesn't matter if courts have the job of enforcing contracts, if a contract sucks, they won't act.  And employers won't respond either, even if someone were to offer their services for free for a few months.  Funny thing how relationships will crumble when there isn't mutual exchange of similar consideration.

However, as was mentioned, you MIGHT be able to do something like this with a small company, who has much flexibility.   But then you would end up having to have a decent contract signed up and sufficient consideration.  It would also likely involve bringing lawyers in and paying them to do it.  And making sure it is right.  I am fairly sure a small business owner wouldn't want to put up with the added paperwork headache and additional contract signed.  They would want someone who fits into what they want, not come back with this extra work.  But there might be a place for it.  

In regards to hiring on the low end, most are done by large corporations.  Most retail is this.  Small businesses will hire only as last resort.