Leaving employer before contract term

I am a foreign employee and working currenlty in USA on H1b. Before coming to USA i had signed a service agreement with my employer , according to which if i leave him before a year, i have to pay some XYZ amount as liquidated damges . My employer belongs to Pennsylvania and i am currently working at San francisco(at client place) .

Till date i have almost worked for 6 months with him and now if i leave him (which will be before a year) ,will he be legally able to claim that amount from me? Becuase this rule then nullifies the 'AT will " employment rule.

1 answer  |  asked Jul 7, 2008 8:29 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Liquidated damages payable if you quit may not be enforceable.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, liquidated damages payable if you quit may not be enforceable. The contract sounds onerous, and may be unconscionable; further, if your employer has failed to live up to its end of the bargain, it is likely your can leave without consequence. I believe that most judges would be hesitant, at best, to enforce the agreement. I would need to review the document, however, and get a sense for your position and relationship with your employer to give you a reliable opinion.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Jul 8, 2008 09:40 AM [EST]

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