Employment Law Questions? Ask an Employment Lawyer.
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Can you tell me what the 90 day notice is for?
Also, can you tell me what money they agreement says you'll have to pay back if this notice isn't given?
Yes, if the employer and employee agreed to this provision, then the employer would have the right to seek the recovery of any funds according to this provision if the 90 day notice is not given. So, it's likely best to honor the 90 day notice to avoid having any issue with having money demanded back.
Your status wouldn't be relevant in regard to your employment agreement UNLESS you were specifically brought here by the employer to work.....and the employer knew you couldn't give 90 days notice because of your status.
Liquidated damages are legal and legally enforceable if conditioned on contracted terms that are breached.
I don't know if a court would find the provision punitive or not......the damages are based on a party's failure to provide notice that was agreed to in the contract.....so it may not be considered punitive. But, that'd be up to a judge to decide.
A legal challenge certainly could be made as to this term and a court could determine whether or not it is unconscionable or unreasonable.....but since the contract term is pretty clear an unambiguous, it could be difficult to prevail.
I can't say for sure....but it would likely be the amount before taxes are deducted. But, you'd need to discuss that issue with your employer.....and you would need to request documentation to support whichever position the employer takes.
Also, unless the contract specifies, both salaries would likely be affected, but that's a question for the employer, too.
The employer should have a policy about that as well.....some companies have a payout provision to liquidate the PTO and some companies have a "use it or lose it" policy. So, you'd have to determine how your company deals with PTO upon termination/resignation.
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