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Employment Termination Penalty

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B

brainwhacker

Guest
What is the name of your state? Fiji Islands - South Pacific

I have been in employment for four years with my employer when all of the employees were asked to sign a three year contract (January 2003) with the firm which contained the details of the period of the contract together with the details of termination of the contract by either party. Should it be terminated by me before the completion of the second year I shall have to pay the company three months wages as a penalty. I need to know if this is common for employment contracts and whether the fact that I was in employment and concurrently asked to sign the contract without knowing the consequences of not signing has any impact on the legality/enforceability of the contract. The company has not spent anything on my training etc; and I need to know if this contract will hold in a court of law so that I can challenge it.
 


cbg

I'm a Northern Girl
The only one who can answer that question is an attorney in the Fiji Islands who has read the agreement in full. This site deals only with US law, but even if you were in the US we wouldn't be able to answer the question because the EXACT wording of the agreement can make a great deal of difference. Without reading the agreement IN FULL (not just the paragraph in question) no one can even make a guess.
 
B

brainwhacker

Guest
cbg said:
The only one who can answer that question is an attorney in the Fiji Islands who has read the agreement in full. This site deals only with US law, but even if you were in the US we wouldn't be able to answer the question because the EXACT wording of the agreement can make a great deal of difference. Without reading the agreement IN FULL (not just the paragraph in question) no one can even make a guess.
Hi cbg
Thanks for the prompt reply; Iam in the process of consulting an attorney. But is it possible for you to tell me if common law provides for the dismissal of an unfair and an "unconscionable" agreement. According to one attorney, the agreement is unfair because it is asking for a penalty of three months wages.
 

cbg

I'm a Northern Girl
No, I can't. I don't know anything at all about the law in your country, and in my country the law on such agreements is all over the map.

I repeat, the EXACT wording makes a difference. NO ONE can comment on an agreement they have not read.
 

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