Originally Posted by
Ultralight
[QUOTE
Folks should understand that RAH probably does not want to spend the time or the legal cost in resources and/or funds of pursuing collection of this agreement. Though they certainly can, beyond the final paycheck and nastigram there doesn't seem to be any evidence, at least none that I have been able to find, that anyone has ever actually been sued over the agreement.
Except if one guy gets away with it the flood gates could open and everybody would start leaving with their middle fingers extended.
What are they going to do though? I doubt a 1-2 year F.O has $20,000 lying around, and if they did, would they give it to RAH because thats the agreement?
Might come back to bite them in the ass if their new employer asks for a reference, but I guess that's a whole new legal arguement.[/QUOTE]
A court can't just seize every bit of cash a person has due to a civil award. Thankfully, the laws don't work that way. If you sign then break the agreement here is the process:
- RAH must sue you and win in Indiana then the court will issue an order to pay. If you refuse the order the court will issue a wage garnishment order.
- Your new employer has to be served with the garnishment order. However, you must live in a state where wage garnishments to collect civil awards are legal.
- Your state of employment must also recognize the legality of the RAH agreement. So even if they allow garnishments on a civil award, but the RAH note is not legal in your state of employment then you can get an injunction to block the garnishment.
- It gets even more complicated if you don't live in Indiana, work for an employer in another state but reside in a third state. If you work in again, say VA, but live in FL, VA allows the contract but FL does not or does not allow garnishments for civil awards, you can then sue RAH in a FL court to overturn the civil award.
Again, this is not a simple depending on your residency and relevant state laws. This is just s guess, but I'd be surprised if RAH took this all the way to a garnishment order.