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I had signed a contract with my employer and the contract stated that I had to commit to work for 18 months once start the work assignment or else I have to pay the amount mentioned on the contract. But I have not yet started working and has not signed the offer letter. I want to come out of this contract, but the employer is forcing me to pay the amount. Please suggest me how I can come out of this situation.
Thanks for the help
Asked on November 11, 2017 under Employment Labor Law, Virginia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Generally, a contract of any kind (including an employemnt contract) starts or become enforceable on the date it is signed, unless there is a different "start" date listed in the contract itself, in which case it is that date. So if this contract did not list a different beginning date, it would take effect the monement you signed it. The offer letter (and the fact that you did not sign that) is irrelevant unless the contract makes signing the offer letter a condition of the contract taking effect; if not, however, only the contract itself (whic you evidently signed), not the offer letter, matters. It also does not matter that you did not start work yet, again, unless the terms of the contract make actually starting a material, or important factor; otherwise, again, all that matters is that you signed the contract and so became bound to it.