Q: I am trying to find some clarity on a specific scenario regarding Liquidated Damages Provisions under Virginia law.
My girlfriend is an RN registered nurse working for an agency (based in Ohio) which helped bring/organise her path to USA and set her up with a job. The contract has tied her into a 3 year term of which she has completed 1 year already. The problem is the job is way too much for her mentally and physically and emotionally and she really has no time for herself even outside of her work she is doing paperwork, so she requested a transfer and it has not come to fruition and we are now 3 months further down the road.
The only next logical step she can take is to quit/resign, however that would incur a $30,000 breach of contract payment. In our opinion this number is ridiculously high and seems more like a punishment or penalty that doesn't reflect the true nature of incurred costs, especially after already completing more than a year of said contract.
Does she need to pay this amount?
Can we fight this for being excessive and a more like a penalty?
Thanks in advance.
A: I don't think this is enforceable simply if your girlfriend quits. However, sometimes liquidated damages provisions are enforced if a non-solicitation or non-compete provision is breached. I'm sure anyone who responds would be happy to help if you decide to retain an attorney. Good luck.
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