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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92538
Experience:  20+ Years of Employment Law Experience
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Hi, I am an international student graduated last December.

Resolved Question:

Hi, I am an international student graduated last December. I joined an IT consulting company in VA this March. My company provided training and after I finished the training I went to work for the client of my company as developer in June. I signed the training agreement and employment agreement with them. After I went to the client company, I found out that my company marketing me as a senior developer which is not true because I never worked before. The client also expected me to finish the senior level work which is out of my capability. I told the client the truth. I also told my company that I want to terminate the employment agreement with them. But they tried to persuade me to get another project. I rejected because I would be put into the same situation to perform mid-level or senior work. After my rejection, they said I had to pay them a large amount of money according to the employment agreement. The employment agreement says I need to work for them for 1 year after I began my first project. If I terminate the agreement, I had to pay 4000 training fee, 8 dollars per hour for the rest of 2080 hours. If I don't respond, they will let legal department involved. So What should I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, if you have signed a written contract with them, they have a legal right to enforce that contract. The only way you can get out of paying them would be to prove somehow them assigning you to work outside of your capabilities was a breach of contract. I am afraid that this can be very costly, because if the employer can prove the work they have assigned you should be within the training they provided and if they sue, then you could be liable for not only the $4000, but also you could end up having to pay their attorney's fees.

I am sorry to say, you would bear the burden of proving that based on your education at the time they hired you and the training they have provided for you that the employer knows that the work you are being asked to do is outside of anything you were trained to do and as such they are in violation of their contract with you. If you cannot meet this burden of proof and the employer sues you, then I am afraid that you could be liable for a lot more than just the $4000.

At this point, you should consider taking the other job they are offering and document carefully in writing what tasks are outside of the training they provided to you and your education that they knew about when they hired you to begin documenting that they are using you outside of the scope of the terms of your employment contract in order to invalidate the contract and get out from having to pay the penalty for early termination.


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Customer: replied 1 year ago.

Hi, Paul. Thank you for your answering. What I need to pay according to the employment agreement is not just $4000 dollars, but also I have to pay 8 dollars per hour for the rest of 2080 hours of the working year. So it is a large amount of money.


 


In terms of proving myself is doing the work out of anything I was trained to do, I can provide more detail in the below.


 


My background is not computer science. This is the first job I got after my graduated here in US. They give the basic training for web development for 2 months. In the employment agreement, it mentions that they provided training to enable me to have adequate skills to perform client side work. However, the truth is they gave fake resume to client and said I have more than 6 years working experience and I can do everything. I had the fake resume with me. Also the client terminated their contract with my company after I told them the truth. Can these detail be used to proving that they breached the agreement?



Thank you Paul for your answer and I am looking forward to hearing from you.


 


Best Regards,


 


Zoe


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I did misunderstand exactly what you would have to repay, but for the purposes of this discussion the answer is still the same. You would be bound to pay whatever the contract specified unless you can prove that they knowingly sent you to positions outside of the scope of both your education and training that they provided to you.

The fact they knew you were not trained in this type of work and they provided a fake resume to the client would be pieces of evidence that they knew they had you working outside of your training and also that they did this in bad faith. The fact they have not provided any new training to you to allow you to perform your job would also be evidence as to their breach of the contract as they cannot hold you to a contract where they are providing you assignments beyond your training and not training you to perform those assignments.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92538
Experience: 20+ Years of Employment Law Experience
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Law Educator, Esq.
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