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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have verbally accepted a job. This would be in a two-person

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I have verbally accepted a job. This would be in a two-person office. The person offering the job is afraid (has happened twice) that I/new person will quit early on, thus costing the person time and money for training. She wants me to sign an agreement that I will work for her for two years. Is this enforceable?

Thank you for the information and your question. Can you tell me if the employer is going to be paying to a sign on bonus or paying your moving expenses or anything extra in exchange for your agreement to stay for two years? Is there a written contract and does it say what the liquidated damages would be if you leave early? Is the employer, in the agreement, under the duty to give you any sort of notice or special rights before they can let you go?

Please be advised that the Site is extremely buggy today. It has crashed a few times. So, if I do not get back to you immediately, it will be because of a Site issue and I will respond as soon as I have access. Unfortunately, I am a User of this Site like you, and have no control over this issue.
Customer: replied 4 years ago.
No sign-on bonus, no moving expenses (I just moved here to Alexandria, VA) haven't seen the written contract as yet. I have just never heard of anything like this for an administrative position in 40+ years.
Hello again and thank you for your reply. Based solely on what you have told me, this agreement would not be enforceable. Generally speaking, in order for a contract like this to hold up there must be special consideration given for the agreed to length of employment. It isn't enough that just a job is offered. That would work with a non-compete or non-solicitation agreement, but not a term employment agreement unless the employer as well is committing to a two year period. Then it is just a term contract and both parties are locked into it. At that point it becomes a mutual contract. However, if this is just one sided and the employer is not giving you special training (I don't mean just regular on the job training for the position), or extra money, then it is not enforceable.

I can understand their concern, but Virginia is an employment "at will" state which means either party can terminate the employment relationship with no notice or warning, unless there is an enforceable contract that states otherwise. What you described is not it.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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