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Employment contract?

By dgettere ·
I started a new job in July. I am working as a consultant in a small 10 person PC/network shop. I have found that this is not the career path for me. The days are very long and the miles are high (Leaving at as early as 6:30am to head to a customers site until sometimes getting home at 8PM.) I am only compensated for 45 hours a week, but with driving and paperwork it averages out to about 60. I don't always have time to eat lunch and usually get no breaks during the day. I do everything from building new servers to fixing Win98 problems and I do not focus on any specific skill. What I want to do is pure server/network administration. (Every previous job I had was a network admin.) My dilemma is that in my employment contract it states that I must work for my employer for 1 year before I can leave, if I leave before 1 year, I must repay 50% of my earned salary within two weeks of quitting. I am so unhappy here, but I know the owner will not let it go because a girl quit a month ago after working just seven months, and he is taking her to court to collect the money she ?owes? him. The owner also treats everyone like a piece of equipment or a tool, and not a person so he never shows a compassionate side.

Any thoughts?

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by BFilmFan In reply to Employment contract?

That contract wouldn't be legally enforceable in the United States. Depending on where you live in the world, it may or may not.

If you do live in the US, I would say:

Find a new job.

Tell the new boss to go right to court and show the judge that contract and see how enforceable that 50% payback clause is. I believe in most states that would cause your real salary to slip below the minimum wage and then he could answer to the Feds. In fact, it might even make it so that you were essentially working for free (figuring uncompensated time and expenses for car mileage and such). And forcing someone to work for free is called slavery and is punishable by US law with nice terms in prison.

Learn from your experience to never sign anything which has such outrageous agreements in it.

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by PCPapa In reply to Employment contract?

See a lawyer. Now! If you are in the US this is surely illegal. If not you need to know what your rights are right away.

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by pm100 In reply to Employment contract?

HI !

Have you got out of this mess ? In US it would not be so dificult... Out side US .... am not so sure, but generally these contracts are one sided and if you "disappear" no one can do anything about it...

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