Employer asking for money after forcing to sign a contract

[somsuresh]

Hi,
I am a private tutor. A guy who runs a training institute asked me to teach at his institute for 50 USD per hour. NO contract was signed.
I worked there for more than 6 months and I was always paid with a delay. In November he found another teacher(cheaper) and replaced me. And said he will pay me in a few weeks. In December one of his students contacted me for a 1on1 lesson (as he liked my style of teaching compared to new one).

Yesterday he asked me to come to his office to collect the payment. When I reached his office he gave me a contract and told me I need to sign it in order for him to release my payment (he kind of arm twisted me into signing the contract - as unless I sign it he will not pay the money he owes me). The contract had a non-solicitation clause of 15000 USD for a period of 3 years. After I signed it he said he will make the transfer in the evening. The transfer was not made, and next day he texted me saying I violated a clause in the contract and now I owe him damages of 15000 USD or else he will sue me. Apparently the student told him that I tutored him 1 on 1. But this was done before I signed the contract. So he kind of tricked me into signing a contract (knowing one of its term ahs already been violated) so that instead of him paying me, I have to pay him.

My question is can I still owe him damages if the contract was signed on date later than the event for which he is asking for compensation?

Import dates once again:
1) Dates worked => 1st May to 27th Nov
2) Student Tutored 1 on 1 => 18th Dec
3) Contract Signed => 14th Jan
(another detail - he asked me to put the date on contract as 31st December which I did). So signed date on contract is 31st December

Would really appreciate if someone can provide his/her input. Also please let me know if you need any more details.

Thanks in advance.
Som

 

[quincy]

Hi,
I am a private tutor. A guy who runs a training institute asked me to teach at his institute for 50 USD per hour. NO contract was signed.
I worked there for more than 6 months and I was always paid with a delay. In November he found another teacher(cheaper) and replaced me. And said he will pay me in a few weeks. In December one of his students contacted me for a 1on1 lesson (as he liked my style of teaching compared to new one).

Yesterday he asked me to come to his office to collect the payment. When I reached his office he gave me a contract and told me I need to sign it in order for him to release my payment (he kind of arm twisted me into signing the contract - as unless I sign it he will not pay the money he owes me). The contract had a non-solicitation clause of 15000 USD for a period of 3 years. After I signed it he said he will make the transfer in the evening. The transfer was not made, and next day he texted me saying I violated a clause in the contract and now I owe him damages of 15000 USD or else he will sue me. Apparently the student told him that I tutored him 1 on 1. But this was done before I signed the contract. So he kind of tricked me into signing a contract (knowing one of its term ahs already been violated) so that instead of him paying me, I have to pay him.

My question is can I still owe him damages if the contract was signed on date later than the event for which he is asking for compensation?

Import dates once again:
1) Dates worked => 1st May to 27th Nov
2) Student Tutored 1 on 1 => 18th Dec
3) Contract Signed => 14th Jan
(another detail - he asked me to put the date on contract as 31st December which I did). So signed date on contract is 31st December

Would really appreciate if someone can provide his/her input. Also please let me know if you need any more details.

Thanks in advance.
Som

Som, are you and the Institution located in the US? If so, in what state? If not, in what country?

At least some of the terms of the non-solicitation clause in the contract appear unenforceable and, in fact, the entire contract sounds voidable, based on what you have written. You cannot be forced to sign under threat of not being paid already earned wages.

You should contact the DOL about your pay and you would be smart to see a lawyer who specializes in employment law for a personal review of the contract in its entirety and the conditions under which you signed it, as well as a look at the guy who hired you and the Institution involved.