Is this contract legal

This is a discussion on Is this contract legal within the F-1 and J-1 Student Visas forum, part of the H-1B Worker Visas category; I live in NC WHEREAS, Company has offered to provide certain training to “Prospective Employee” ; WHEREAS, “Company” is providing ...

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Old Mar 17th, 2009, 01:55 PM   #1
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Default Is this contract legal

I live in NC


WHEREAS, Company has offered to provide certain training to “Prospective Employee” ;

WHEREAS, “Company” is providing such training to “Prospective Employee” in anticipation of “Prospective Employee” to work for the “Company” for at least one(1) years so that the “Company” recovers some of the benefit of the investment in the training;

WHEREAS, “Company” and “Prospective Employee” recognizes that this Agreement is not intended to constitute and type of employment agreement or guarantee of employment after training;

WHEREAS, the undersigned “Prospective Employee” understands that “Company” would not provide such training unless “Prospective Employee” intended to work for “Company” and were to agree to reimburse “Company” in the event that “Prospective Employee” did not work for “Company” for at least one (1) year following the date of the completion of training;

NOW, THEREFORE, in consideration of the premises and the promise stated below, the undersigned “Prospective Employee” agrees that:

1. “Company” intends to provide the following training to “Prospective Employee” in at via Video Conference/Online from India. During the course of the training the “Prospective Employee” shall reside in the accommodation provided “Company”.

2. “Prospective Employee” agrees to work for “Company” for at least one (1) year following the date of the completion of training.

3. “Prospective Employee” agrees that “Company” will incur expense for conducting such training and providing accommodation to “Prospective Employee”.

4. If the “Prospective Employee” fails or refuses to work for “company” for atleast one (1) year following the date of the completion of training, the “Prospective Employee” agrees to reimburse “Company” One Thousand ($1,000.00) Dollars towards for the cost of training incurred by “company” for each module being trained in plus Five Hundred ($500.00) Dollars per month towards accommodation if occupied by ‘Prospective Employee” during Training.) For Example: If someone sits for SAP FICO and SAP ABAP, the fees are $1,000.00 for SAP FICO and the fees is $1,000.00 for SAP ABAP). The total cost incurred by “Company” on behalf of “Prospective Employee” will be determined after the completion of training. “Company” will forward a Statement of Accounts to “Prospective Employee” consisting of the total cost incurred by “Company”. “Prospective Employee” expressly authorizes “Company” to deduct the reimbursement amount owed under the terms of the “agreement” from any compensation owed by “Company” to “Prospective Employee” at the time of or following the termnation of employment. “Prospective Employee” shall promptly pay to “Company” the full balance of any amount owed that is not deducted from compensation.

5. This “Agreement” shall be construed under the laws of the State of Kentucky. I have read these terms and conditions and understand them. I understand that I have the right to ask for clarification of any item that I do not understand fully, that I may have this Agreement reviewed by my own attorney, and that I have read these terms and conditions and understand and accept them. I agree that this Agreement is made in Kentucky; that Kentucky law will apply to it; and that only the Jefferson Circuit Court of Kentucky will exclusively have jurisdiction over any claim or controversy regarding it. If a claim is made against me, ...... will be entitled to collect its reasonable attorneys’ fees and costs of collection in my jurisdiction.
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Old Mar 18th, 2009, 11:22 AM   #2
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Default Re: Is this contract legal

very questionable

it appears to be more like a penalty for leaving which is not allowed in many cases
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