Employment Contract - Resignation Clause?

Hello!

I really goofed and signed an employment contract with an IT comapny (I am an IT Recruiter)....I missed a VERY important line that states if you resign before 3 months you are obliged to reimburse the company one months (gross) salary. It does NOT say anything about reimbursement if one is Fired. Is this legal?? Can they really get away with having this in the contract??

PLEASE HELP...I'm in MD - Maryland Employer

Thank you all!

AM

Huh? No company can ask you to reimburse your wages for work done. Are they nuts? But you are also the same person who wrote about the H1-B visas. So are you saying you would have to reimburse them for your visa? They sure can ask for that money back if you leave prior to 3 months and very legal to put in there contract. But if it is salary they are requiring you return. No. No. No. They CANNOT do that. I just saw you posted another question and RedVelvet and Mel told you what to do. So no need to get into that whole mess again with you.

It is legal for them to ask for reimbursement if you quit before 3 months. It is also legal for them not to mention about reimbursement if they fire you. The good thing is that they cannot legally fire you because you have a contract. You can sue if they fire you before the employment contract ended.

There are alot of companies that have those rules, but they are rarely enforceable in a court of law. Just because it appears in a contract doesn't make it legal.

I would contact the Labor Board, they are very famliar with these types of contracts and can advise you better.

I had this happen on one of the first jobs I had out of college...they sued me, and lost in court. They actually had a mass layoff and tried to collect $40,000 in training expenses from me...yup, $40K.....and I didn't even get a lawyer.

However, there are some acceptions to this that vary by state, and that is why you need to contact the Labor Board.
That is why I said, "rarely" enforceable instead of "totally unenforceable".