contradiction in agreement

indiandog

Registered Users (C)
In the employment agreement that I signed with my employer, there are 2 clauses.
Following are the exact wordings used:
1) The agreement is 'at-will' agreement which means either of the party can leave with or without reason. However if an employee is on the project or scheduled to start a project through the employer, he/she has to give 30 days of notice of resignation so that alternative arrangements can be done to replace the employee without impairing client's relations.
2) If employee is terminated for a cause or if employee resigns voluntarily within 18 months of commencement of the employment, employee shall pay 20000 USD as a reimbursement and to cover recruiting, relocation, training.

Aren't these 2 clauses contradictory?
First clause says its a 'at-will' agreement. It can be also interpretated that if employee is on the project or about to start one, then only he/she has to officially resign, if on bench, even resignation may not be required, because in that case no arrangement would have to be done.
But 2 nd clause idirectly enforces flat 18 months of term, and if broken, employee owes fixed amount to the employer no matter what.

Can this be fought in the court of law?

Please advise.
 
Not at all, you agreed clause 2 'at-will'.

Did any body compelled you to sign the contract? you sign the contract at your will.

If any body forced you to sign the contract at gun point, that is not your at-will.

Before signing anything read two times not only employment contract but anything.



indiandog said:
In the employment agreement that I signed with my employer, there are 2 clauses.
Following are the exact wordings used:
1) The agreement is 'at-will' agreement which means either of the party can leave with or without reason. However if an employee is on the project or scheduled to start a project through the employer, he/she has to give 30 days of notice of resignation so that alternative arrangements can be done to replace the employee without impairing client's relations.
2) If employee is terminated for a cause or if employee resigns voluntarily within 18 months of commencement of the employment, employee shall pay 20000 USD as a reimbursement and to cover recruiting, relocation, training.

Aren't these 2 clauses contradictory?
First clause says its a 'at-will' agreement. It can be also interpretated that if employee is on the project or about to start one, then only he/she has to officially resign, if on bench, even resignation may not be required, because in that case no arrangement would have to be done.
But 2 nd clause idirectly enforces flat 18 months of term, and if broken, employee owes fixed amount to the employer no matter what.

Can this be fought in the court of law?

Please advise.
 
I settled this case out of the court, and got myself freed up from the hassle.
Thank you great guru and all others who helped me during this. I really appreciate it.

I have one more quick question. Do you I think I can claim all these expenses (legal fees and the settlement amount) for income tax rebate?

Thanks again
 
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