What to do if I want to switch my current job but in the offer letter with my current employer there is a clause that says that if I want to leave the company before 24 months I need to pay $10,000?

I’m working with a consulting firm for 1 year but I have a better job offer from another company. If I move out of the company without paying that amount, is it possible for them to file legal

charges on me? .Can a company hold an employee against his wish in the U.S?

Asked on June 6, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot file criminal charges against you, or keep you from leaving their employment. They can, however, sue you for the money ($10,000) that you contractually obligated yourself, by taking the job knowing that was a condition of emoloyment, to pay, unless you pay it voluntarily (if you pay the money, they will have no basis to sue).
If you are here on some sort of work visa, leaving.your current employer could affect your immigration status. If here on a work visa, consult with an immigration attorney before doing anything.

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