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  1. #1
    Join Date
    Mar 2019
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    1

    Default Can an Employment Contract Require You to Pay to Find a Replacement Employee

    My question involves labor and employment law for the state of: Maryland

    Is there a legal limit to what can be agreed on in a contract?

    In my own words, the contract states that if the teacher quits early, the teacher is required to pay the school the cost of replacing them with a new teacher.

    Are signed contracts binding no matter how vague they are? Is there an amount of money that it would be illegal for the employer to claim they need to replace the teacher? Is there a legal way to get out of a contract that you’ve signed?

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can You Get Out of a Vague Contract That Says You Have to Pay to Replace Yourself

    I doubt such a contract would hold up in any state's court. Generally, personal service contracts could say something like should the teacher quit before the end of the contract they couldn't work as a teacher for the term of the contract.

  3. #3
    Join Date
    Jul 2018
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    2,745

    Default Re: Can You Get Out of a Vague Contract That Says You Have to Pay to Replace Yourself

    Quote Quoting snowyday
    View Post
    Is there a legal limit to what can be agreed on in a contract?
    That's a phenomenally vague question. Any two people can agree to anything. Determining whether something is legal or enforceable requires specifics. If you want more info, you should quote from the contract (with names removed or changed).


    Quote Quoting snowyday
    View Post
    Are signed contracts binding no matter how vague they are?
    "Binding" and "enforceable" are two different concepts. A contract can be vague AND binding AND enforceable. Or it could be that a particular provision in a contract is so vague that it is unenforceable.


    Quote Quoting snowyday
    View Post
    Is there an amount of money that it would be illegal for the employer to claim they need to replace the teacher?
    Depending on the relevant facts and circumstances, it might be that a particular amount is so high as to be unreasonable.


    Quote Quoting snowyday
    View Post
    Is there a legal way to get out of a contract that you’ve signed?
    There's no one-size-fits-all answer to this question.

  4. #4
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Can You Get Out of a Vague Contract That Says You Have to Pay to Replace Yourself

    You need to have a local attorney review the contract. Past that, contracts and contract law cannot make explicit labor law such as FLSA or related state law go away. Minimum wage and overtime are particularly resistant to contract law. However, if we are talking about wages in excess of MW/OT, then federal law and the law of many states lose interest quickly. Hence have a local attorney review the contract.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Get Out of a Vague Contract That Says You Have to Pay to Replace Yourself

    Is there a legal limit to what can be agreed on in a contract?
    yes. You cannot enforce a contract where performance would result in committing a crime. There are some other issues that cannot be enforced in a contract

    In my own words, the contract states that if the teacher quits early, the teacher is required to pay the school the cost of replacing them with a new teacher.
    that would likely be unenforceable as it isn’t possible to determine what it really means.
    Are signed contracts binding no matter how vague they are? Is there an amount of money that it would be illegal for the employer to claim they need to replace the teacher? Is there a legal way to get out of a contract that you’ve signed?
    generslly yes but may be unenforceable due to the vagueness. Yes. Unconscionable acts are also frowned upon. Sometimes yes, sometimes no

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