Is a faxed copy of Employment Contract 100% legally binding?

Need help pls....

I am in a very bad situation with a very SHADY employer, and to make matters worse I signed an employment agreement without reading it VERY carefully.

QUESTION - I happen to find out today that the headquarter office of my co. never rec'd an ORIGINAL of the contract. I thought I had mailed it but they say they def .do not have it. They also told me that the faxed copy they have (at least I'm pretty sure of this based on email copy traffic) not signed it themselves...only the faxed COPY with my signature. Fyi - I started employment hear over 3 weeks ago..June 12. SO - is a faxed copy that they have TECHNICALLY AND OFFICIALLY considered a 100% legal and binding employment agreement?

Replies are appreciated - as I would do anything to find a "loophole" so I can get out of this contract!!

Thanks,

AM

AM why don't you quit already or find yourself a lawyer. First you looked for advise on how to bury them for alleged illegal H1-B visa practices and you wanted advise on how to report this company and bury them. I bet you still haven't called any of the agencies Mel and I directed you to contact. Then you post again if you quit they are saying they will take your wages because you are quitting before three months. And I bet a million dollars if I had it YOU still haven't contacted the EEOC or the Department of Labor if anything you are saying is true. Now this. A faxed copy if they have it in there possession is just as binding. My former place of employment sent employment contracts via email and they were returned either faxed to my attention or via email with an electronic signature. I signed it upon receipt or as soon as I had a chance. As long as I have your signature it is just a matter of me signing it whenever. Why don't you just type up this employment contract. Let us read it and tell you if it is a legitimate contract or not??? Stop freakin' out. In fact I bet every other word in that contract goes against public policy and/or some state/federal law. Go see an employment lawyer and stop your crying already.

I think a faxed copy is perfectly legal. I have interacted alot with company lawyers in my position, and we fax signed paperwork all the time.

However, why do you need a "loophole" to get out of this job? Does the contract say you have to work for the company forever? What is stopping you from just giving notice and walking away? What recourse does the company have if you do? Most states side very strongly on the side of the employee - if your employer has an unrealistic employment contract, it might not stand up in court.

I disagree with the other answer. A fax of a signed contract is not a legal document. Of course you can use it for your files here if you know that the original is somewhere out there.
In court, it could be used as collateral evidence of the existence of the original document but not as the document itself. However, because you were working there and many people may declare that it won't be hard to prove that the original document does (or did) exist.
You have to ponder how much it costs and how much is worth. Would it be worth for the company to go to court and fight for you?
Consult with a lawyer

Your headquarters must have a human resources department, and they can help you.

What are you trying to do?
Are you trying to get out of the contract?
If so, if they did not sign it then it is not a
1. meeting of the minds
2. not legally binding on them
3. you made a mistake by not mailing the signed copy directly to them - perhaps for a reason.

4. If they did not sign the contract, then there is no contract.

If you are feeling they are not upfront with you, by all means - get out now.

Ask for a copy of all records that they have for you - and you need that overnighted to your home because your

brother who is a lawyer wants to see the information to help you discern the legal condiciles.

Be - ever so sweet when you make your requests known.
Keep asking - even via fax to them - that you have a right to copies of all documents that are signed fully or partially,
because your brother wants to see them.

Thank them for their help - and followup with a fax verifying your verbal conversations.

GOD bless us always.
MBA - Boston Univ
CPA-reteired

A faxed copy can indeed be binding; however, it appears that the copy in the possession of the company was not signed by both parties; therefore, it is not a legally binding argeement.

However, there would be nothing to prohibit a company representative from signing the document now and back-dating it, since it appears to be in their possession. Get a copy of what they have now, before anyone thinks of this bright idea.

If you are in the US, "employment contracts" are not enforceable in many states. If the contract prohibits you from working elsewhere after you leave this employer, for example, that is not generally a legal contract. The contract can specify that you are not permitted to take company property off of the premises, or that company-confidential information such as trade secrets must remain confidential even if you terminate your employment with them.

Good luck.

I've heard of many things being faxed, but not an application of employment. It sounds rather lazy on behalf of the company since an application is a contract..and you should have only received an orignal copy. Yes they are a shady company indeed.

Yikes. I take it they are trying to get out of something here?

Well thanks to our dear commie friend Clinton any electronically transmitted document is considered binding on both parties with or without signatures so long as there was an agreement made. You faxed it with your signature? Therefore someone at their office had to send it to you right? You know those agree buttons you press without reading? Well thats it. It was all part of the DMCA Digital Millennium copy write act. This is where all of these software patents came into being. God help us.

Here is a goodies full of answers in case law. http://caselaw.lp.findlaw.com/scripts/ge...

Every state has different laws regarding this and it varies by TYPE OF CONTRACT.

I would contact an employment attorney and find out, it's a simple question.

For example, my state recognizes faxed real estate contracts on everything but settlement documents, which must be original. W-2's and I-9's can be faxed copies, but salary contracts must be original...see what I mean?

It varies so much that you need a legal expert to advise you.