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Work contract hellppppp



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amother
OP  


 

Post Fri, Jul 19 2024, 9:27 am
Is there any way out? I signed a contract but the company I work for is dysfunctional. There is terrible communication and I need out. Any lawyers or anyone have insight?
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amother
Wandflower  


 

Post Fri, Jul 19 2024, 9:32 am
It depends on the contract. Slavery is illegal in this country. You can't be forced to work. Check your contract and see what the penalties are or if there are any at all.
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amother
  OP  


 

Post Fri, Jul 19 2024, 10:32 am
amother Wandflower wrote:
It depends on the contract. Slavery is illegal in this country. You can't be forced to work. Check your contract and see what the penalties are or if there are any at all.


I know the issue is my contract has so many penalties that it’s so hard to leave…think thousands of dollars..non compete…
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amother
  Wandflower  


 

Post Fri, Jul 19 2024, 12:02 pm
amother OP wrote:
I know the issue is my contract has so many penalties that it’s so hard to leave…think thousands of dollars..non compete…


Non-competes are generally not enforceable. As for the penalty, you need to speak to an employment lawyer.
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amother
Forsythia  


 

Post Fri, Jul 19 2024, 12:30 pm
If you leave for cause, likely the penalties aren't valid.
So document the dysfunction, document any harassment or mistreatment.
Obviously speak to a lawyer but I would start documenting asap.
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Amarante




 
 
    
 

Post Fri, Jul 19 2024, 12:31 pm
Your contract is probably not enforceable as the courts do NOT look favorably upon these kinds of contracts.

The only clauses that are upheld are non-compete clauses but even those are limited as the courts for people being able to earn a living. Typically a clause which doesn't allow you to solicit clients for a certain period would be enforceable.

Employers use these clauses because they think people will be too timid to quit.

No one can offer legal advice over the internet but the best way to proceed is to talk to a lawyer who is knowledgable in employment law in your state. It wouldn't cost much for the consultation/
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amother
Honeydew


 

Post Fri, Jul 19 2024, 12:35 pm
I know someone that just went through this and didn't have the money to hire a lawyer.
This resource was really helpful.

https://nyhope.org/
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amother
  OP  


 

Post Fri, Jul 19 2024, 12:42 pm
amother Forsythia wrote:
If you leave for cause, likely the penalties aren't valid.
So document the dysfunction, document any harassment or mistreatment.
Obviously speak to a lawyer but I would start documenting asap.


I have documentation. I have pictures. Emails. Texts. I cannot afford a lawyer.
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amother
  Wandflower  


 

Post Fri, Jul 19 2024, 12:54 pm
Amarante wrote:
Your contract is probably not enforceable as the courts do NOT look favorably upon these kinds of contracts.

The only clauses that are upheld are non-compete clauses but even those are limited as the courts for people being able to earn a living. Typically a clause which doesn't allow you to solicit clients for a certain period would be enforceable.

Employers use these clauses because they think people will be too timid to quit.

No one can offer legal advice over the internet but the best way to proceed is to talk to a lawyer who is knowledgable in employment law in your state. It wouldn't cost much for the consultation/


A recent ruling struck down most non-competes across the country.
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anonymous mom




 
 
    
 

Post Fri, Jul 19 2024, 1:06 pm
amother OP wrote:
I have documentation. I have pictures. Emails. Texts. I cannot afford a lawyer.


Keep all your documentation. Tell them explicitly in writing that you are leaving due to these dysfunctions. If they threaten to sue you, threaten to expose them.
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amother
  Forsythia


 

Post Fri, Jul 19 2024, 1:12 pm
amother OP wrote:
I have documentation. I have pictures. Emails. Texts. I cannot afford a lawyer.

Most will offer a free consultation. See if you even have a case. Then figure out the next step.
You may be able to get a lawyer on contingency or probono. You also don't know that you'll need a lawyer. If they don't hold you to the contract you don't need a lawyer.
You can also pay a small fee for the lawyer to write your resignation for you outlining the dysfunction and reason for leaving. That may put any action on the company's part to rest.
If they know you have cause they're stupid to come after you.
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amother
  Wandflower


 

Post Fri, Jul 19 2024, 1:51 pm
Just saying, if the company is dysfunctional and a disorganized way they won't bother to sue you. And if they don't sue you, you don't have to worry about what your contract says.
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amother
  OP  


 

Post Fri, Jul 19 2024, 2:03 pm
amother Wandflower wrote:
Just saying, if the company is dysfunctional and a disorganized way they won't bother to sue you. And if they don't sue you, you don't have to worry about what your contract says.


I can’t rely on that..
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amother
  OP  


 

Post Fri, Jul 19 2024, 2:04 pm
amother Forsythia wrote:
Most will offer a free consultation. See if you even have a case. Then figure out the next step.
You may be able to get a lawyer on contingency or probono. You also don't know that you'll need a lawyer. If they don't hold you to the contract you don't need a lawyer.
You can also pay a small fee for the lawyer to write your resignation for you outlining the dysfunction and reason for leaving. That may put any action on the company's part to rest.
If they know you have cause they're stupid to come after you.


I love this idea!!! The resignation letter is so smart! I need to get all my ducks in a row and runnnnn!
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amother
Lemon


 

Post Fri, Jul 19 2024, 2:06 pm
anonymous mom wrote:
Keep all your documentation. Tell them explicitly in writing that you are leaving due to these dysfunctions. If they threaten to sue you, threaten to expose them.

Keep all the documentation but do not start with presenting it when you give notice. Don’t escalate and bring in any threats or explanations until they push back. If you play all your cards at once you can’t wait and see how they’ll respond.
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amother
NeonPurple


 

Post Fri, Jul 19 2024, 2:06 pm
Was this for a company that was recently discussed here.

Can you get a letter from your doc that you are not medically fit to work right now. Job is causing you too much stresn
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amother
  OP


 

Post Fri, Jul 19 2024, 2:11 pm
amother NeonPurple wrote:
Was this for a company that was recently discussed here.

Can you get a letter from your doc that you are not medically fit to work right now. Job is causing you too much stresn


The job isn’t causing too much stress that I can’t work. Also I need the money. But I’m definitely not ok enough to do the whole contract. Just trying to figure out how to get out of it without paying let’s say 40k etc..
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