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ServiceMaster We Listen Plan is Illegl?

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Texdex

Junior Member
I apoligize

The contract is valid. It has been ruled valid on numerous occasions. Just because you don't want it to be valid doesn't mean it isn't valid. It is valid. Period.

I am here sincerely and earnestly seeking help.

I have already indicated I have contacted local attorneys and am awaiting response. In the meantime, serious and thoughtful discussion is appreciated? Why continue to attack and belittle me? how does that more things forward?

Please I am seriously and humbly seeking help, is there anyone who would take the time to read it and provide thoughtful comments?

Again, I am seeking help and am not trying to prove how smart or clever I can be. Please do not read into any of my comments sarcasm or other unintended feelings.

I am very sorry and sincerely apologize if I have offended anyone.
 
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eerelations

Senior Member
I possess extensive working knowledge and experience with employment contracts. I have looked at this agreement and, based on my years of training and experience with contracts, I firmly believe that it's valid. I therefore have no reason to challenge it's validity. The fact that numerous judges have ruled this agreement to be valid tells me that I am correct in thinking this agreement is valid. Because it is valid.

I am "hostile" as you put it because I have told you over and over and over that this contract is valid, and you are continuing to be deliberately obtuse in refusing to see what I am saying.

I will say this once more: This contract is valid.
 
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Proserpina

Senior Member
We don't want to challenge it because we don't think there are any challenges to be raised.

Just to add a little bit to that ...

Tex, what people are actually trying to do here is save you a lot of time and money. If you were to take this to court, you're going to end up paying for the other side's legal fees when your motion is inevitably dismissed (likely with prejudice) and if they're like many corporations those legal fees will be expertly and legally padded until you feel like you're paying them alimony for life.

Nobody wants to see that happen.
 

Texdex

Junior Member
Would you let a family member be bound by this agreement?

We don't want to challenge it because we don't think there are any challenges to be raised.

Hi Zigner,
No disrespect, but I am concerned that you and others have not actually read the agreement.

Would you allow one of your children or a family member be bound by this agreement. Would you tell them it's fair and legal?
Would you, yourself accept this agreement as a condition of employment?

Others have said it is legal. So why is ServiceMaster allowed to breach the agreement?

Why can they have it both ways?

Tell me, Servicemaster and many other companies, implement policies with a "Sign or be fired" methodology.
They give "Continued Employment" as consideration. How many times or policies can a company implement using the same consideration - would it make sense that any specific consideration should only be used one time? If I have agreed to something else from the company where they have already offered "continued employment", how can they re-use consideration like that?

I realize this gives you another opportunity to ridicule me and have fun at my expense. Would it take as much effort to provide real and thoughtful help?

main question - Would you allow your son or daughter to be forced into this agreement?
 

Zigner

Senior Member, Non-Attorney
Hi Zigner,
No disrespect, but I am concerned that you and others have not actually read the agreement.

Would you allow one of your children or a family member be bound by this agreement. Would you tell them it's fair and legal?
Would you, yourself accept this agreement as a condition of employment?

Others have said it is legal. So why is ServiceMaster allowed to breach the agreement?

Why can they have it both ways?

Tell me, Servicemaster and many other companies, implement policies with a "Sign or be fired" methodology.
They give "Continued Employment" as consideration. How many times or policies can a company implement using the same consideration - would it make sense that any specific consideration should only be used one time? If I have agreed to something else from the company where they have already offered "continued employment", how can they re-use consideration like that?

I realize this gives you another opportunity to ridicule me and have fun at my expense. Would it take as much effort to provide real and thoughtful help?

main question - Would you allow your son or daughter to be forced into this agreement?

I give up. Sure, you're right. The contract is rubbish. Good day.
 

Texdex

Junior Member
eerelations - I understand your opinion is the contract is valid.

This contract is valid.

I understand and I accept your opinion that the contract is valid.

Based on what you have read, if there are mutual obligations to abide by the plan, would you agree this creates an employment contract where the company has agreed to settle disputes via "We Listen" - which means they should file a complaint before terminating an employee?

Secondly, help me understand the consideration issue. If the companies consideration is "Continued Employment" in exchange for my agreement to follow the plan, what happens when the company revokes "Continued Employment"?

again, not trying to be a troll or argumentative. I am convinced the contract is valid. So how do I get the company to follow the terms of the contract? They have apparently already violated the terms.
 

Proserpina

Senior Member
Hi Zigner,
No disrespect, but I am concerned that you and others have not actually read the agreement.

Would you allow one of your children or a family member be bound by this agreement. Would you tell them it's fair and legal?

I'd tell my adult children and family members to take it to an attorney before they sign it ... a rule which applies to just about everything you have to sign in this wonderful world of ours.

RTFM.
 

Texdex

Junior Member
Nit Pickers

Birds of a feather ...

:D

Alas, "nit-picking" seems to be code for " ... but I don't like that response ".

I can see how it can be amusing and fun to ridicule and call folks names.

Kinda like sitting on your pumper truck and watching something burn down, making jokes about it and commenting on how the owner does not know how to deal with the fire. Why not use your skills, experience and resources to help put out the fire?

Again - may not be the best analogy. Just asking why are you here? Are you aware that calling people names and ridiculing their word choice is not really professional or productive?

Obviously, I'm not as smart as most of you. I am in an unfamiliar situation and am doing the best I can. Are you doing your best? What does name calling and ridiculing people do? Is insulting folks who are not as smart or experienced as you something you can be proud? If you are an attorney, is that a useful tactic to use in court? "Why judge, the plaintiff is obviously a moron and deserves no rights or justice, I move for immediate dismissal".

When you are in a situation where you are not the expert and have little knowledge, is this the way you want to be treated?
 

Texdex

Junior Member
That is not an option

I'd tell my adult children and family members to take it to an attorney before they sign it ... a rule which applies to just about everything you have to sign in this wonderful world of ours.

RTFM.

ServiceMaster does not give you the option to have someone review it before you accept the agreement. You cannot negotiate or ask questions. If you are a current employee you either agree to it or be fired. (how can that not be duress?)

If you could read it, you would see that even though it is considered a valid contract, it might still not be something you would enjoy having shoved down your throat.

What would you tell your kids if they told you the company forced them to "Sign or be fired"?
 

Zigner

Senior Member, Non-Attorney
Texdex - do me a favor. Stop reading this post right now.

No peaking.




Ok, now that he's gone...folks - if you stop replying, he'll stop replying. Admin is going to lock this thread very soon.
 
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