What is the name of your state? california
Is this liquidative damage clause valid?
"Notwithstanding the previous paragraph, if Employee breaches this Agreement by choosing to leave voluntarily prior to one year from the date of the official signature of this contract, the parties agree that it will cause a disruption in the business operations of Employer, who will have to make arrangements for a replacement, and that therefore, the parties agree that such breach by Employee shall incur a liquidated damage on the part of Employee of twenty thousand dollars ($20,000), plus attorney’s fees and costs if an enforcement action is necessary, payable to Employer as a reasonable calculation of the actual damages incurred by Employer to deal with the disruption.
Initials Employee __ Employer __"
I started my physician job 3/1/18. My employer didnt provide a written contract until 7/2018 despite inquiring multiple times. It wasnt until 9/2018 the contract was signed after requesting revisions. Initially the liquidative damages were set at $60,000. I stated I didnt want this clause. Then he said he couldnt do the contract if I didnt include it. I said perhaps 20k would be better but I still prefer not to have this clause.
Is this liquidative damage clause valid?
"Notwithstanding the previous paragraph, if Employee breaches this Agreement by choosing to leave voluntarily prior to one year from the date of the official signature of this contract, the parties agree that it will cause a disruption in the business operations of Employer, who will have to make arrangements for a replacement, and that therefore, the parties agree that such breach by Employee shall incur a liquidated damage on the part of Employee of twenty thousand dollars ($20,000), plus attorney’s fees and costs if an enforcement action is necessary, payable to Employer as a reasonable calculation of the actual damages incurred by Employer to deal with the disruption.
Initials Employee __ Employer __"
I started my physician job 3/1/18. My employer didnt provide a written contract until 7/2018 despite inquiring multiple times. It wasnt until 9/2018 the contract was signed after requesting revisions. Initially the liquidative damages were set at $60,000. I stated I didnt want this clause. Then he said he couldnt do the contract if I didnt include it. I said perhaps 20k would be better but I still prefer not to have this clause.
