Employer Agreement

I have signed up 18 agreement with my employer which says" In the event Employee : 1) fails to report for training, or assignment; 2) terminates Employee's relationship or services with XXX during the term of this agreement, or 3) is terminated by XXX for cause at any time before expiration of the term of this Agreement, and XXX may seek to recover all actual losses or damages proximately caused employee's breach in a court of competent jurisdiction." My questions are 1) Can company XXX sue me if i break the agreement and join other organization. 2) Is there any way around to this contract that I can do and change my employer without getting into any trouble. Please help

1 answer  |  asked Apr 12, 2010 8:02 PM [EST]  |  applies to Massachusetts

Answers (1)

Kevin McGann
You should be very very cautious about entering into this agreement.

To give you a very simple answer based on the very bare facts you have presented:
1. If you sign a "contract" in which one party promises to give you something of value, and you promise in return to do something of value for them, it is enforceable. So the safest answer to your first question is, "Yes" they can sue you for breaking the agreement.
2. There are some defenses for breaking a contract, but I do not have enough information to know if they would apply in your case. More importantly, you should NEVER sign a contract that you think you MIGHT later (or soon) want to break.

An employment contract like this is VERY unusual, and you should be very skeptical about this employment. It is possible that you may get nothing of value to you by signing this contract. You may be promised "training" that is not useful, and committed to work that does not pay you fairly.

If this is an internet or telephone sales job, it may be a "scam".

posted by Kevin McGann  |  Apr 13, 2010 06:10 AM [EST]

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