thanks for the reply. It was said the damage only triggered once I resign before 18 months, but I don't know how can I make the company fire me first :-). anyway, I post the text here, and would truly appreciate your further advice. Thanks a million.
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LIQUIDATED DAMAGES AGREEMENT
Liquidated Damages: This Liquidated Damages Agreement is between Mr. A and XXX. A acknowledges that XXX has and will continue to invest time and resources associated with recruiting him as an employee, commencing his employment, and maintaining that employment. These costs include training resources, relocation costs, legal fees, and other costs. Should A resign his employment before completing 18 months of service with XXX, A and XXX agree that XXX will be damaged by A’s actions in the amount of $25,000.00 (“liquidated damages”). If these liquidated damages are triggered, A agrees to pay such amount no later than on A’s last day of employment with XXX. A and XXX also agree that no part of the liquidated damages amount constitutes a recovery of H-1B filing fees paid to the Bureau of Citizenship and Immigration Services or any other agency of the American government, if H-1B proceedings are commenced to employ A in the United States.
Lawsuit, Attorney Fees, and Costs: A agrees and understands that XXX may commence a lawsuit to recover the amount due under this Agreement if he does not pay the liquidated damages when due. If XXX is required to sue A to recover the amount due under this Agreement, A agrees and understands that he will also be responsible for paying XXX’ actual attorney fees and costs incurred with regard to that litigation.
Place of Litigation and Applicable Law: All disputes regarding this Agreement, including disputes over its interpretation, shall be governed by the laws of the State of Y the United States. The exclusive judicial forum for resolving all such disputes shall be the state and federal courts located within the State of Y. A and XXX expressly consent to personal jurisdiction in those courts. If this paragraph of this Agreement is judicially or otherwise declared to be invalid, unenforceable or void, the remaining paragraphs of this Agreement shall nevertheless be effective to the same extent as if such invalid or unenforceable paragraph had never been included.
Voluntary and Knowing Agreement: By signing below, A represents that he has read this entire Agreement, that he understands it, that he has had a reasonable time to consider it, and that he voluntarily signs it.
Signature: ____________________________ Date: ______________________________
Print Name:
XXX, INC.
Signature: Date:
Name:
Job Title:
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LIQUIDATED DAMAGES AGREEMENT
Liquidated Damages: This Liquidated Damages Agreement is between Mr. A and XXX. A acknowledges that XXX has and will continue to invest time and resources associated with recruiting him as an employee, commencing his employment, and maintaining that employment. These costs include training resources, relocation costs, legal fees, and other costs. Should A resign his employment before completing 18 months of service with XXX, A and XXX agree that XXX will be damaged by A’s actions in the amount of $25,000.00 (“liquidated damages”). If these liquidated damages are triggered, A agrees to pay such amount no later than on A’s last day of employment with XXX. A and XXX also agree that no part of the liquidated damages amount constitutes a recovery of H-1B filing fees paid to the Bureau of Citizenship and Immigration Services or any other agency of the American government, if H-1B proceedings are commenced to employ A in the United States.
Lawsuit, Attorney Fees, and Costs: A agrees and understands that XXX may commence a lawsuit to recover the amount due under this Agreement if he does not pay the liquidated damages when due. If XXX is required to sue A to recover the amount due under this Agreement, A agrees and understands that he will also be responsible for paying XXX’ actual attorney fees and costs incurred with regard to that litigation.
Place of Litigation and Applicable Law: All disputes regarding this Agreement, including disputes over its interpretation, shall be governed by the laws of the State of Y the United States. The exclusive judicial forum for resolving all such disputes shall be the state and federal courts located within the State of Y. A and XXX expressly consent to personal jurisdiction in those courts. If this paragraph of this Agreement is judicially or otherwise declared to be invalid, unenforceable or void, the remaining paragraphs of this Agreement shall nevertheless be effective to the same extent as if such invalid or unenforceable paragraph had never been included.
Voluntary and Knowing Agreement: By signing below, A represents that he has read this entire Agreement, that he understands it, that he has had a reasonable time to consider it, and that he voluntarily signs it.
Signature: ____________________________ Date: ______________________________
Print Name:
XXX, INC.
Signature: Date:
Name:
Job Title:
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