I have resigned from a company where I worked for 8 months. I have received a letter called "Acceptance of Resignation" which is 4 pages of clauses, and they're telling me to sign it.

It states the date of the last day, which I understand. It then outlines non-solicitation, confidentiality, non-disparagement sections with lots of details. They're very extensive, and while I think they more-or-less align with my original contract, I'm reluctant to sign this document.

I've never seen this kind of letter before. Is this common practice, and can they legally make me sign this? I'm in Australia in case that makes a difference.

closed as off-topic by PeteCon, cdkMoose, Dukeling, paparazzo, scaaahu Feb 15 '18 at 2:30

This question appears to be off-topic. The users who voted to close gave this specific reason:

  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – PeteCon, cdkMoose, Dukeling, paparazzo, scaaahu
If this question can be reworded to fit the rules in the help center, please edit the question.

  • 1
    VTC, off-topic, you need legal advice. Take your original contract and this letter to a lawyer for review. We can't tell you what is or isn't allowed. – cdkMoose Feb 14 '18 at 22:21
  • AFAIK, this is not a common practice in the US. This is more on legal. You should probably look into Austrailas labor laws. – Isaiah3015 Feb 14 '18 at 22:23
  • In the US, it's actually a common practice. It's just called something else. It's the document they try to make you sign at the end of the exit interview. That being said, there is no reason to sign it even in the US. Let me put it this way, for each clause they want you to sign, they should be offering you something in exchange for it. And if those clauses are something you've already signed, there is no reason for you to sign any of them again. If they keep on badgering you about it. Just tell them this meeting is over and leave their office. – Stephan Branczyk Feb 15 '18 at 0:12
  • Definitely not a common practice in my experience (software engineering in Australia). Usually those sorts of clauses are included in your employment contract. As a humorous aside: what will they do if you don't sign it? Fire you?!?! – Maybe_Factor Feb 15 '18 at 6:14
  • If those terms are present in your contract, there doesn't seem to be any need for you to sign it. If they're not, there also doesn't seem to be any need for you to sign it - what are they going to do, not let you resign? – Jonathon Cowley-Thom Feb 15 '18 at 11:45

Simple. You don't sign it. You absolutely don't sign it.

You have given notice. Your employment will end at the end of your notice (obviously only if you didn't pick a notice period that was shorter than your employment contract or your laws require). The company doesn't have to accept your resignation, your employment still ends. You don't have to sign any "Acceptance of Resignation" document, your employment still ends.

If they are really keen for you to sign, then you can tell them that you would like to take this to an employment lawyer of your choice for legal advice, as long as they pay for the lawyer.

  • 2
    i worked in australia and never heard of this "acceptance of resignation" stuff - oz has some pretty fair labour laws, gnasher is on the money. i'd try to get paid to sign it too - on top of lawyers fees. – bharal Feb 14 '18 at 22:40

Not the answer you're looking for? Browse other questions tagged or ask your own question.