Legal Question in Employment Law in New Jersey

Liquidated damages for leaving company

The employment contract with my former employer states - If I abondon the job within one year of joining I am liable to pay liquidated damages of 12k USD as per applicable laws. My contention is that I did not abondon the job but exit gracefully with full complinace for the notice period and all work at hand and good standing with the client. I have valid reasons for leaving as the work being done was not as per my profile. I have substantial written proofs for all. Now the employer is suing me for the liq damages(which he has not yet substantiated). I would like to know what are the NJ statues for liq damages like this in employment contracts.


Asked on 12/15/05, 1:12 am

1 Answer from Attorneys

Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Liquidated damages for leaving company

This is a tough question to answer without seeing your paperwork (ie contract).

In order to give you a more precise answer a full review of your employment contract and employment situation would be nessecary.

I will say as a general rule, courts do not like liquidated damage clauses, especially when they serve to penalize one party.

With that said, you stated that you are being sued. I suggest that you immediately seek the advice of an attorney.

I would be willing to offer you a free consultation on this matter, either email me or click on my profile link for my phone number.

Regards.

Read more
Answered on 12/15/05, 8:58 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New Jersey