好不容易找到一工作,是contractor,刚刚发来合同,看了一下,有三项十分不对,大
家看看怎么argue? 在美国工作应该是AT WILL的吧。居然能有EARLY termination fee?
??
Early Termination Clause:
Employee will owe XXX(company). the following early termination fees as
follows: Employee will owe $6000 if he leaves in 1 month of employment;
Employee will owe $5000 if he leaves in 2 months of employment; Employee
will owe $3000 if he leaves in 3 months of employment; Employee will owe $
2000 if he leaves in 4 months of employment; and Employee will owe $1000 if
he leaves in 5 months of employment.
Non-Competition:
Commencing from the first date of Employee's engagement by XXX and
continuing for a period of one (1) year from the date of termination of this
Agreement, notwithstanding the reason for termination of Employee's
engagement, Employee agrees it will not directly or indirectly provide
information technology services to any of XXX's current clients at which
Employee was engaged, without first obtaining the express written permission
of XXX. Employee agrees that during the term of this Agreement, Employee
will not enter into, be engaged
in, or be interested in any capacity whatsoever, directly or indirectly, in
any business or undertaking which directly competes with that of XXX in
regard to the specific manager of XXX's clients at which Employee has been
or is engaged by virtue of this Agreement.
Liquidated Damages.
Employee acknowledges that failure to perform services agreed to under this
Agreement can jeopardize XXX’s client relationship. Employee confirms that
he/she will perform services as noted on attached
TERM SCHEDULE and is available to begin the assignment on the agreed upon
date and, where the assignment is at least two weeks in duration, continue
on assignment for no less than ten (10) business days. If Employee does not
start the assignment on the agreed-upon date or, where the assignment is at
least two weeks in duration, revokes
this Agreement within the first ten (10) business days of the start date
then Employee shall be liable to XXX for liquidated damages of $5,000.00. In
the event XXX incurs any legal fees in collection of liquidated damages,
the legal fees will be deemed as additional liquidated damages to be paid by
Employee to XXX.