Legal Question in Employment Law in California
I am working for a software consultancy firm for over 3 months now. I got a great new full time job opportunity with a Product based company. But I have signed a contract with my present employer at the time of joining and it says that I should pay $xyz for contract termination. But I am really interested in quitting my present job and take up the full time job offer from the product company. I wanted to know the legal implications and the options I have to take up the new job without having to pay my current employer the huge sum. Please help.
1 Answer from Attorneys
You would need to provide more details about your contract to get a reliable answer. As a general principal, employers absolutely cannot charge a "quitting" fee to employee's who want to quit their job. They can, however, contract for reimbursement of certain fees, expenses, advances, and similar payments if not "earned" by staying with the employer for a certain amount of time. The rules are also different for true independent contractors, although a very large percentage of supposedly independent contractors in the software industry are actually legally employees and are illegally being treated as contractors. So the bottom line is that without reviewing your contract and the facts and details of your employment/work for the consultancy, there is no way to answer your question reliably.