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Liquidated Damages for Violation of a Non-Complete Agreement

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  • 12-24-2013, 11:30 PM
    hemit71
    Liquidated Damages for Violation of a Non-Complete Agreement
    My question involves labor and employment law for the state of: New Jersey

    Company charges $50 per hour for a service
    Employee is paid $25 per hour for completing the service

    If there is a non-compete agreement in the contract between company and employee, and the employee competes and breaches the contract, the company then sues for money lost. Can the liquidated damages clause state the employee must pay $50 per hour in the event of a breach (for the hours breached) or is it $50 - $25 = $25 per hour? Basically, does liquidated damages factor in employee's pay?
  • 12-25-2013, 08:33 AM
    eerelations
    Re: Liquidated Damages
    Any company that tries to sue an employee without retaining the services of an attorney (who can answer this and all other questions) is for sure going to lose said lawsuit.
  • 12-25-2013, 09:21 AM
    cbg
    Re: Liquidated Damages
    And anyone who tries to interpret a contract that they have not read is acting irresponsibly.
  • 12-25-2013, 10:13 AM
    adjusterjack
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    Quote:

    Quoting hemit71
    View Post
    My question involves labor and employment law for the state of: New Jersey

    Company charges $50 per hour for a service
    Employee is paid $25 per hour for completing the service

    If there is a non-compete agreement in the contract between company and employee, and the employee competes and breaches the contract, the company then sues for money lost. Can the liquidated damages clause state the employee must pay $50 per hour in the event of a breach (for the hours breached) or is it $50 - $25 = $25 per hour? Basically, does liquidated damages factor in employee's pay?

    Are you the employer or the employee?
  • 12-25-2013, 11:08 PM
    hemit71
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    shouldn't matter... it is just a simple legal calculation is it not?
    im just trying to figure out how liquidated damages works.
  • 12-25-2013, 11:22 PM
    Dogmatique
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    If it didn't matter, it wouldn't have been asked...
  • 12-26-2013, 07:16 AM
    eerelations
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    Quote:

    Quoting hemit71
    View Post
    shouldn't matter... it is just a simple legal calculation is it not?
    im just trying to figure out how liquidated damages works.

    Why?
  • 12-26-2013, 09:45 AM
    hemit71
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    the law should be cut and dry on what liquidated damages is at least that is the impression i got from reading about it.
    im basically neither, im just trying to learn about this... so i guess what is the answer for employer and employee?
  • 12-26-2013, 09:49 AM
    cbg
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    The exact terms of the agreement will have an affect on what damages can be claimed, so without having read the agreement, an answer is not possible for either the employer or the employee.
  • 12-26-2013, 12:47 PM
    eerelations
    Re: Liquidated Damages for Violation of a Non-Complete Agreement
    Quote:

    Quoting hemit71
    View Post
    the law should be cut and dry on what liquidated damages is at least that is the impression i got from reading about it.
    im basically neither, im just trying to learn about this... so i guess what is the answer for employer and employee?

    Why are you "just trying to learn about this"? Seems like an awfully esoteric sort of hobby to have...are you perchance a law student?
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