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Notice period breach - Employer asking Liquidated damages
Hi All,
I have learnt from posts here that employment agreements are valid in most of the states except CA and employer can ask for liquidated damages from employee if he/she leaves the company without giving Notice period mentioned in the agreement.
My prior employer was NJ based and registered in NJ, and i was working for CA based client and my LCA was for CA location. I left the company with 2 weeks notice and in the contract it was 3 months Notice period or $10,000 as liquidated damages. I have few questions and i would appreciate if anyone can please answer them
1) In my case CA law will be applicable since my LCA was of CA state or it will be NJ since my employer was based NJ based.
2) Can they ask for more than $10,000 as liquidated damages or they can't ask for more than that.
3) In case they file a case then do i need to go to NJ to face the case or i can do it from CA as i am in CA.
I request if anyone can help me clarify my doubts.
Regards,
Vijay
I have learnt from posts here that employment agreements are valid in most of the states except CA and employer can ask for liquidated damages from employee if he/she leaves the company without giving Notice period mentioned in the agreement.
My prior employer was NJ based and registered in NJ, and i was working for CA based client and my LCA was for CA location. I left the company with 2 weeks notice and in the contract it was 3 months Notice period or $10,000 as liquidated damages. I have few questions and i would appreciate if anyone can please answer them
1) In my case CA law will be applicable since my LCA was of CA state or it will be NJ since my employer was based NJ based.
2) Can they ask for more than $10,000 as liquidated damages or they can't ask for more than that.
3) In case they file a case then do i need to go to NJ to face the case or i can do it from CA as i am in CA.
I request if anyone can help me clarify my doubts.
Regards,
Vijay
