at-will employment nullified ?
I work for a Tech company in GA.
- I am a foriegn national
- I have a work visa (H1-B)
- My company required that I sign an employment contract binding me to them for 3 years, or pay them a large sum of money (in excess of 1 year's pay).
Does this contract nullify the at will employment law. And does it mean that I will be unable to quit or look for other employment even if I am not satisfied with the work / compensation here.
Answers (1)
Contract and At Will
An employee who has signed a "true" employment contract (which in Georgia a chief characteristic is that an "employment contract" has a definite "term" or time period - meaning a beginning and end for example this contract is for 36 months and terminates upon the end of the 36th month)then it is technically not an at-will relationship.
However, the fact you are under a true employment contract does not necessarily determine whether or not you have to pay back your employer money if you quit during the term. An attorney needs to closely examine the precise wording of your contract to see whether or not it is enforceable. Depending upon how it is worded, it may be declared unenforceable by your employer. Reviewing the exact language of your agreement is critical to determining this. You are welcome to call and set up an initial consultation with the Atlanta Lawyer Group - 404-607-7100.
posted by Brian Pastor | Dec 26, 2004 11:38 AM [EST]
An employee who has signed a "true" employment contract (which in Georgia a chief characteristic is that an "employment contract" has a definite "term" or time period - meaning a beginning and end for example this contract is for 36 months and terminates upon the end of the 36th month)then it is technically not an at-will relationship.
However, the fact you are under a true employment contract does not necessarily determine whether or not you have to pay back your employer money if you quit during the term. An attorney needs to closely examine the precise wording of your contract to see whether or not it is enforceable. Depending upon how it is worded, it may be declared unenforceable by your employer. Reviewing the exact language of your agreement is critical to determining this. You are welcome to call and set up an initial consultation with the Atlanta Lawyer Group - 404-607-7100.
posted by Brian Pastor | Dec 26, 2004 11:38 AM [EST]
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