Ohio - clawback clause in non profit employment agreement

[NCW20]

Ohio, Cleveland

Hello:

I am considering an offer from a nonprofit organization that presented an at will agreement with a claw back clause that states that in the event that the employee terminates the agreement the organization can see just over 200.00 per day of the contract not worked...which is roughly the total amount of the agreement if you never worked a day.

I am wondering if this is actually enforceable and whether it is a red flag.


Regards,

NCW20

 

[adjusterjack]

If you sign it it's enforceable.

Even if it turns out not to be enforceable that decision will be made by a court when you spend tens of thousands of dollars on defense costs while you are unemployed.

That's the kind of offer you walk away from unless they rewrite the contract in your favor.

 

[Taxing Matters]

If you are going to be an actual employee of the organization it's not legal to require you to pay back some of what you earned. If you are an independent contractor then it won't be illegal, but it might not be enforceable. If you don't understand any part of this agreement and what you'll actually get from it, see an attorney before you sign off on the deal so you can make sure you understand what you are in for. I'd need to know a lot more to have an idea if is enforceable and whether it's a good deal for you. Just from what you've said so far if it were me I'd lean against taking that job. Unless it's an unusual situation there is something not right about what the company is proposing.

 

[Zigner]

Maybe it's just me (apparently, it's just me), but I don't understand what the OP is asking.

 

[adjusterjack]

Maybe it's just me (apparently, it's just me), but I don't understand what the OP is asking.

Yep, just you.

 

[zddoodah]

a claw back clause that states that in the event that the employee terminates the agreement the organization can see just over 200.00 per day of the contract not worked.

Huh?

It would be better if you quoted the relevant language word-for-word (with any names redacted, of course).

No one will be able to offer an intelligent opinion based on this somewhat incoherent description.

If you are going to be an actual employee of the organization it's not legal to require you to pay back some of what you earned.

I agree as to actual wages/salary. However, sometimes an employer will fund some sort of training but require that some or all of the training costs be repaid if the employee quits before X days/months/years. I have no idea if that's what the OP is talking about here, but that wouldn't be per se unenforceable.

 

[LdiJ]

Maybe it's just me (apparently, it's just me), but I don't understand what the OP is asking.

Its not just you. I wasn't sure either. Odd phrasing.