QUESTION

Do I need to pay $10,000 to my employer for giving lesser notice period?

Asked on Oct 31st, 2014 on Employment Contracts - New Jersey
More details to this question:
I came to US on H1B visa initiated by IBMI US which a fully owned subsidiary of IBM India Pvt Ltd. As per the offer letter, I was required to pay $10,000 in case I serve lesser than 90 days of notice period for IBM towards their service discontinuation, training, etc. Text In the event you voluntarily terminate your assignment without providing IBMI with 90 days written notice, or if your assignment is terminated for cause by IBMI, you agree to pay IBMI the amount of Ten Thousand Dollars and no/100 cents ($10,000.00), which sum represents IBMIs cost of customer service continuation, recruiting, assigning, training, educating, marketing, and your replacement. You may decide to satisfy this requirement in Lieu of, as per the following: - 0 to 60 days, the payment is $10,000 - 61 to 90 days, the payment is $5,500 I already trained my replacement in the 2 weeks notice and have a confirmation email from him and the management for that. Do I still need to pay this amount to IBM?
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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the 'devil is in the details'. i would need to review the documents and determine how they apply to the facts. i would then be able to give you a written opinion as to the merits of your position. if appropriate, i would then negotiate a settlement with IBM. the cost for the review and written legal opinion is $1500.  ed dimon, esq. 732-797-1600 ext 235
Answered on Oct 31st, 2014 at 12:47 PM

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