Legal Question in Employment Law in Georgia

Leaving job before contract period

HI, I am currently H1b employee. I have employement agreement which says that If I leave job within 1 year, I need to pay USD 10k as expenses for bringing me to USA excluding immigration fees. It also mentions that if I leave company in middle of project or do not give 1 month notice, then I am liable to pay USD 10k as liquidated damages. Can you please guide if It is legal and I need to pay both the amount if I decide to leave this company?

Thanks


Asked on 11/24/07, 4:47 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Leaving job before contract period

We do not have the contract, and you provide no basis to conclude it is not a binding provision. The time to ask would be before you agreed to it. You need to have the agreement reviewed by a lawyer to get a definitive answer.

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Answered on 11/24/07, 5:00 pm
Howard Mishler Howard V. Mishler Co. LPA

Re: Leaving job before contract period

It seems your dealing with a penalty rather than liquidated damages.

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Answered on 9/20/08, 8:23 pm


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