【 以下文字转载自 JobHunting 讨论区 】 发信人: skywings (天天上网), 信区: JobHunting 标 题: consulting company发来合约,竟然有early termination fee! 发信站: BBS 未名空间站 (Tue Jan 24 22:28:17 2012, 美东) 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.