Q: Is it legal for a company to charge me for a large sum of liquidated damages for quitting a job.
I quit a company and in the contract I signed it says that I could be charged $36,000 if I quit before my two year contract ended. The company works by training you for 12 weeks and then contracting you out to tech companies. I left halfway through the training and have seen multiple posts saying that this clause is considered a "penalty clause" for leaving before the contract ends. Is this true and would I have to pay them the sum for leaving.
A: You should hire an attorney to review the entire contract. Under Missouri law, penalties are not enforceable but liquidated damages are. Whether the contract deems the fee "liquidated damages" is not necessarily dispositive, but liquidated damages provisions are commonly enforced.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.