Employment Law Questions? Ask an Employment Lawyer.
Hello there --
No, this is not a bond situation. If you leave the employer before the 2 years is over then the employer can sue you for the $4,000 and that is it (the $4,000 are the liquidated damages -- liquidated damages are put into contracts when the parties either have a difficult time determining how much money in damages it would cost the company if you leave earlier than the two year period from the start date).
I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating above so I will be paid for my time? I am paid nothing unless you press a positive rating above in the ratings section). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH
Hello again -
Again, this clause is not a bond -- it is a liquidated damages clause.
1. No he does not have to show where he spent money. The 4 thousand is liquidated damages which means that because the employer is unable to determine actual damages, they will use that 4 thousand dollar amount instead.
2. If he removes the amount he can sue you for all actual damages which could end up being more than the original 4 thousand requested here. But it could also be less.
3. No. The only time you pay HIS lawyers fees is if the contract states that the loser will pay the lawyer fees and you lose in any court actions
4. I have no idea if you will end up paying or not -- it all depends upon how common such contracts are in your line of work and any other factors that a court could think are reasonable.
As I said earlier, this is NOT a bond. This is an employment contract / agreement,
i am not sure what you mean by "recording" him-- if you are talking about recording a conversation with him, then you can do that in Texas without his express consent but I am not sure if it will do you any good unless you can get him talking about this contract and then you could use it against him in court. But it may take a long times recording him until he says something about this agreement.
Hello again --
If he intends to sue the employer that you go to work for after him for the 4 thousand then he should put that into writing in the letter that he wants you to sign. If he refuses to put the written information about the new employer paying the 4 thousand and not you and then wants you to pay this money BEFORE or DURING your employment with him, then he can be prosecuted under law for trying to add a bond into your employment process. You should then report his actions to the Immigration dept AND the Attorney General of the state where the incident took place.
He cannot require you to pay this money to him no matter HOW it is worded and I suspect that is what he is trying to do -- he will try to keep calling it anything But a payment to himself so that he can keep it to cover his own claimed "costs" if you leave his job early to go to some other job. Tell him that no matter what he calls the amount you will not be paying it because it is too close to a "BOND" situation.
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