Quote:
Originally Posted by majorpilot
Confession of judgment = instant enforcement...in other words, doesn’t matter whether/how employer breached its obligations, nor whether any money is owed to you. The confession enables the holder to immediately proceed to instant enforcement..this is hardly good faith.
Every employer in the world has to rely on its employees to some extent: Return company property, not breach NDAs, not solicit customers or other employees to go to a competitor, etc.
The overwhelming majority of other employers do NOT resort to a confession of judgement. That is not a good faith act. But, hey, if someone signs on for it, it works for the employer as long as there are under-informed candidates who don’t realize the jeopardy into which each is putting him or herself.
APC can provide a public service by educating the employee pool as to what are and are not good faith practices.
I’m a NV lawyer and have had third parties sign a confession of judgment before.
The confession language is key, but even if it is overly broad, it doesn’t allow for unlimited enforcement. If you breach your one year agreement they can skip the expense of suing you to get a judgment (i.e., a piece of paper saying that Cirrus has the right to collect $xxx from you) and go right to seeking to have you pay them back (because you gave them the right to a judgment if you breach your promise). From the employer’s perspective it’s a cost savings move. Lawsuits of any kind are expensive.
As an employee you still have plenty of rights (such as Cirrus not taking more than you promise to pay in the contract). I can’t imagine Cirrus is the only one doing this (majorpilot above seems to think they are), but my TT is still low enough that I can’t say with certainty.
The confession isn’t a big deal to me, but I’ve used and dealt with them for years in my law career. If you fulfill your promise over one year (or whatever the contract term is) you’re good. If you don’t, you’ll pay what you promise to in the contract. This is the same as any other contract except that you skip the lawsuit phase of the collection effort by your employer. The key, as an employee, is to get everything in writing (no oral contract that you sign a confession on ever!).
Also, before anyone freaks out, I don’t know anyone who works for, or owns, Cirrus Aviation here in Vegas. Frankly, I had not heard of them before until their profile popped up on this website.
Just my $0.02.