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
Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.