Johnny Bravoo
Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?Hello,
Can someone give an opinion on how to proceed in the following
situation? A VA based consulting company gave me training for a month (without pay)and I signed the following contract with them. Then after
that they started marketing me and I started taking interviews, for the
next 2 months (during which I wasnt paid) I took the interviews but no
offer came and then due to financial constraints I decided to find a
job on my own. Luckily I found a job on my own and when I told the
consulting company they said that I would have to pay $9000.00 that are
mentioned in the contract. So now they are threatening to sue me and
that I should pay them the sum of $9000. Clause 1.1, 1.2 and 1.3 are
relevant to my situation. Can someone please tell me on how legal this
contract is and how to get out of this situation. Following is the
contract, any help would be greatly appreciated.
AGREEMENT
This agreement made on the _____day of ______, 2005 between XXXXXX Inc.
(hereinafter XXX), located at XXXXXXXXXXXXXXXXX VA XXXXX and
____________________ (hereinafter Employee) whose address is,
______________________________*___________.
S.S.N:
D.O.B:
W I T N E S S E T H
WHEREAS, Employee desires to obtain an employment
position with XXXXXX to provide professional Software
Development/QA/data processing services for XXXXXX In-hou
se development or Client or End User
WHEREAS, Employee acknowledges that he/she does not
presently have the skills and training necessary to provide services
for a XXXXXX Client or End User (XXXXXX Clint); and
WHEREAS, XXXXXX is willing to provide specialized
training and services to Employee, and to present a position for
Employee with XXXXXX Client.
NOW, THEREFORE, in consideration of all the promises,
covenants and understandings set forth in this Agreement, the parties
agree as follows:
ARTICLE 1-TRAINING AND PLACEMENT SERVICES
1.1 XXX shall provide 3-4 weeks training to Employee
(the "Training Period") and then arrange an interview with XXXXXX
Client.
1.1 (a.) Employee understands and agrees that XXXXXX will provide
training to him/her over a period of up to four weeks and that the
training will be provided during the hours, set by the trainee.
Employee also understands and agrees that he/she will not receive
compensation in the form of salary or hourly wages from XXXXXX during
the Training Period. However, Employee may work during the Training
Period during non-training hours. XXXXXX will provide living
facilities and accommodations for Employee, in addition to professional
training, as consideration for this Agreement. The Employee also
understands and agrees that he/she will disclose the name(s) of their
employer(s) to XXXXXX, and that the Employee is prohibited from working
for a competitor of XXXXXX during the Training Period, as well as
during the entire period covered by this Agreement
1.2 In case XXXXXX does not find a placement for Employee
within 75 days after the actual day the training has been complete,
this Agreement will void with exception of the case when Employee is in
the process of an interview with XXXXXX Client arranged by XXXXXX
within the above indicated period of time or Employee voluntary seeks
to continue employment with XXXXXX.
1.3 In the event that XXXXXX arranges for an Interview with
XXXXXX Client or through a third party, and following the interview for
any reason other than death or permanent disability the Employee ceases
to provide services to XXXXXX under this Agreement, the Employee agrees
that he/she shall not directly or indirectly be employed or provide
services with the XXXXXX Client, the third company or any of its
clients for a period of one year from the date of the Interview. In
case the Employee directly or indirectly provides services or becomes
employed in any capacity with XXXXXX Client or the third company during
such Section 1.3 Restricted Period (an "Event of Default"), the
Employee agrees to pay as liquidated damages to XXXXXX for damages
associated with such action or breach by Employee the sum of $9,000.00.
ARTICLE 2-EMPLOYMENT BY XXXXXX.
XXXXXX hires Employee to provide professional Software
Development/QA/data processing services and Employee agrees to provide
such services upon the terms and conditions set forth in this
agreement.
ARTICLE 3-TERM
3.1 The term (the "Initial Term") of this Agreement shall
begin on or about ______________, and terminate on ____________, unless
earlier terminated as provided for herein or as may be extended by
further agreement between the parties. After the expiration of the
Initial Term stated above, Employee has the right to terminate this
Agreement upon thirty (30) days written notice to ensure an orderly
phase-out. If the actual start date is different then the above stated
date, then in that case, the Term will be calculated from the actual
start date when the Employee starts working for XXXXXX Clients.
ARTICLE 4-COMPENSATION AND INCREMENTS
4.1 Employee shall be paid $25 per hour. The exact salary
will be stated in the employment offer letter for every full day
(8-hour professional day) worked. For the purpose of this agreement, a
full day shall be those hours as set forth by XXXXXX Client Employee
provides services for. Employee shall be permitted to schedule his own
working hours directly with XXXXXX Client but always to the client's
approval. All overtime shall require prior approval of XXXXXX based on
the compensation received from XXXXXX Client.
ARTICLE 5-PAYMENT FOR SERVICES
5.1 As a requirement for receiving payment for services,
Employee shall be required to submit to XXXXXX time sheets signed by an
authorized representative of XXXXXX Client. Employee shall be paid
bi-monthly with an initial 15 days break. As an example, Employee
starts on 01/01, which means that the compensation for the period
01/01-15 shall be paid on 02/01 and so forth.
5.2 In the event, Employee terminates the employment
agreement with XXXXXX before the completion of the 12 month's term,
the Employee will not be entitled to receive any further payment that
is pending with XXXXXX for services already provided to XXXXXX or
it's Clients or End Users by the Employee.
5.3 IN THE EVENT, THE EMPLOYEE IS IN VIOLATION OF SECTIONS 1,
3 OR 7 OF THIS AGREEMENT, EMPLOYEE AGREES THAT XXXXXX. SHALL BE
ENTITLED TO SET-OFF ANY SALARY THEN OWING TO EMPLOYEE AGAINST THE
LIQUIDATED DAMAGES OWED TO XXXXXX. UNDER SECTIONS 1, 3 OR 7. BY WAY OF
EXAMPLE, IF EMPLOYEE IMPROPERLY TERMINATES THIS AGREEMENT DURING THE 12
MONTH TERM, XXXXXX. MAY WITHHOLD ANY SUMS OWED TO THE EMPLOYEE UP TO
$9,000.00.
ARTICLE 6-BENEFITS
6.3 XXXXXX shall file for H1B Visa if United States
Citizenship and Immigration Services (USCIS), formerly known as
Immigration and Naturalization Services (INS) accepting H1B application
and Employee worked with XXXXXX for minimum of 3 months.
7.3 Employee acknowledges that the period of time and
restrictions specified above are reasonable in view of the nature of
XXXXXX 's business. However, if the period of time or other
restrictions should be determined in any judicial proceeding to be
unreasonable, then the period of time or other restriction is to be
reduced or modified so that the terms of the conditions of employment
set forth in this article may be enforced during such period of time
and manner as are determined to be reasonable.
ARTICLE 12-JURISDICTION AND CHOICE OF LAW; CONSENT TO SERVICE
In the event either party desires to pursue a legal
claim against the other in connection with this Agreement, XXXXXX and
Employee agrees that the Superior Court of Virginia, shall have
exclusive jurisdiction over the parties. Any legal claims between the
parties shall be determined under Virginia Law.
Employee hereby consents to the jurisdiction of any state or federal
court located within Virginia, waives personal service of process, and
assents that service of process may be made by registered mail to the
Employee's last known address as indicated in the Agreement and shall
be effective in the same manner as notices are effective under the
terms of the Agreement.
ARTICLE 16- Conflicting Employment
Employee agrees that, during the period of employment with the Company,
Employee will not engage in any other employment, occupation,
consulting or other business activity directly related to the business
in which the Company is now involved or becomes involved during the
period of employment with the Company, nor will Employee engage in any
other activities that conflict with his/her obligations to the Company
as described herein or otherwise.
Can someone give an opinion on how to proceed in the following
situation? A VA based consulting company gave me training for a month (without pay)and I signed the following contract with them. Then after
that they started marketing me and I started taking interviews, for the
next 2 months (during which I wasnt paid) I took the interviews but no
offer came and then due to financial constraints I decided to find a
job on my own. Luckily I found a job on my own and when I told the
consulting company they said that I would have to pay $9000.00 that are
mentioned in the contract. So now they are threatening to sue me and
that I should pay them the sum of $9000. Clause 1.1, 1.2 and 1.3 are
relevant to my situation. Can someone please tell me on how legal this
contract is and how to get out of this situation. Following is the
contract, any help would be greatly appreciated.
AGREEMENT
This agreement made on the _____day of ______, 2005 between XXXXXX Inc.
(hereinafter XXX), located at XXXXXXXXXXXXXXXXX VA XXXXX and
____________________ (hereinafter Employee) whose address is,
______________________________*___________.
S.S.N:
D.O.B:
W I T N E S S E T H
WHEREAS, Employee desires to obtain an employment
position with XXXXXX to provide professional Software
Development/QA/data processing services for XXXXXX In-hou
se development or Client or End User
WHEREAS, Employee acknowledges that he/she does not
presently have the skills and training necessary to provide services
for a XXXXXX Client or End User (XXXXXX Clint); and
WHEREAS, XXXXXX is willing to provide specialized
training and services to Employee, and to present a position for
Employee with XXXXXX Client.
NOW, THEREFORE, in consideration of all the promises,
covenants and understandings set forth in this Agreement, the parties
agree as follows:
ARTICLE 1-TRAINING AND PLACEMENT SERVICES
1.1 XXX shall provide 3-4 weeks training to Employee
(the "Training Period") and then arrange an interview with XXXXXX
Client.
1.1 (a.) Employee understands and agrees that XXXXXX will provide
training to him/her over a period of up to four weeks and that the
training will be provided during the hours, set by the trainee.
Employee also understands and agrees that he/she will not receive
compensation in the form of salary or hourly wages from XXXXXX during
the Training Period. However, Employee may work during the Training
Period during non-training hours. XXXXXX will provide living
facilities and accommodations for Employee, in addition to professional
training, as consideration for this Agreement. The Employee also
understands and agrees that he/she will disclose the name(s) of their
employer(s) to XXXXXX, and that the Employee is prohibited from working
for a competitor of XXXXXX during the Training Period, as well as
during the entire period covered by this Agreement
1.2 In case XXXXXX does not find a placement for Employee
within 75 days after the actual day the training has been complete,
this Agreement will void with exception of the case when Employee is in
the process of an interview with XXXXXX Client arranged by XXXXXX
within the above indicated period of time or Employee voluntary seeks
to continue employment with XXXXXX.
1.3 In the event that XXXXXX arranges for an Interview with
XXXXXX Client or through a third party, and following the interview for
any reason other than death or permanent disability the Employee ceases
to provide services to XXXXXX under this Agreement, the Employee agrees
that he/she shall not directly or indirectly be employed or provide
services with the XXXXXX Client, the third company or any of its
clients for a period of one year from the date of the Interview. In
case the Employee directly or indirectly provides services or becomes
employed in any capacity with XXXXXX Client or the third company during
such Section 1.3 Restricted Period (an "Event of Default"), the
Employee agrees to pay as liquidated damages to XXXXXX for damages
associated with such action or breach by Employee the sum of $9,000.00.
ARTICLE 2-EMPLOYMENT BY XXXXXX.
XXXXXX hires Employee to provide professional Software
Development/QA/data processing services and Employee agrees to provide
such services upon the terms and conditions set forth in this
agreement.
ARTICLE 3-TERM
3.1 The term (the "Initial Term") of this Agreement shall
begin on or about ______________, and terminate on ____________, unless
earlier terminated as provided for herein or as may be extended by
further agreement between the parties. After the expiration of the
Initial Term stated above, Employee has the right to terminate this
Agreement upon thirty (30) days written notice to ensure an orderly
phase-out. If the actual start date is different then the above stated
date, then in that case, the Term will be calculated from the actual
start date when the Employee starts working for XXXXXX Clients.
ARTICLE 4-COMPENSATION AND INCREMENTS
4.1 Employee shall be paid $25 per hour. The exact salary
will be stated in the employment offer letter for every full day
(8-hour professional day) worked. For the purpose of this agreement, a
full day shall be those hours as set forth by XXXXXX Client Employee
provides services for. Employee shall be permitted to schedule his own
working hours directly with XXXXXX Client but always to the client's
approval. All overtime shall require prior approval of XXXXXX based on
the compensation received from XXXXXX Client.
ARTICLE 5-PAYMENT FOR SERVICES
5.1 As a requirement for receiving payment for services,
Employee shall be required to submit to XXXXXX time sheets signed by an
authorized representative of XXXXXX Client. Employee shall be paid
bi-monthly with an initial 15 days break. As an example, Employee
starts on 01/01, which means that the compensation for the period
01/01-15 shall be paid on 02/01 and so forth.
5.2 In the event, Employee terminates the employment
agreement with XXXXXX before the completion of the 12 month's term,
the Employee will not be entitled to receive any further payment that
is pending with XXXXXX for services already provided to XXXXXX or
it's Clients or End Users by the Employee.
5.3 IN THE EVENT, THE EMPLOYEE IS IN VIOLATION OF SECTIONS 1,
3 OR 7 OF THIS AGREEMENT, EMPLOYEE AGREES THAT XXXXXX. SHALL BE
ENTITLED TO SET-OFF ANY SALARY THEN OWING TO EMPLOYEE AGAINST THE
LIQUIDATED DAMAGES OWED TO XXXXXX. UNDER SECTIONS 1, 3 OR 7. BY WAY OF
EXAMPLE, IF EMPLOYEE IMPROPERLY TERMINATES THIS AGREEMENT DURING THE 12
MONTH TERM, XXXXXX. MAY WITHHOLD ANY SUMS OWED TO THE EMPLOYEE UP TO
$9,000.00.
ARTICLE 6-BENEFITS
6.3 XXXXXX shall file for H1B Visa if United States
Citizenship and Immigration Services (USCIS), formerly known as
Immigration and Naturalization Services (INS) accepting H1B application
and Employee worked with XXXXXX for minimum of 3 months.
7.3 Employee acknowledges that the period of time and
restrictions specified above are reasonable in view of the nature of
XXXXXX 's business. However, if the period of time or other
restrictions should be determined in any judicial proceeding to be
unreasonable, then the period of time or other restriction is to be
reduced or modified so that the terms of the conditions of employment
set forth in this article may be enforced during such period of time
and manner as are determined to be reasonable.
ARTICLE 12-JURISDICTION AND CHOICE OF LAW; CONSENT TO SERVICE
In the event either party desires to pursue a legal
claim against the other in connection with this Agreement, XXXXXX and
Employee agrees that the Superior Court of Virginia, shall have
exclusive jurisdiction over the parties. Any legal claims between the
parties shall be determined under Virginia Law.
Employee hereby consents to the jurisdiction of any state or federal
court located within Virginia, waives personal service of process, and
assents that service of process may be made by registered mail to the
Employee's last known address as indicated in the Agreement and shall
be effective in the same manner as notices are effective under the
terms of the Agreement.
ARTICLE 16- Conflicting Employment
Employee agrees that, during the period of employment with the Company,
Employee will not engage in any other employment, occupation,
consulting or other business activity directly related to the business
in which the Company is now involved or becomes involved during the
period of employment with the Company, nor will Employee engage in any
other activities that conflict with his/her obligations to the Company
as described herein or otherwise.