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Liquidated Damage Clause in Employment Contract Addressing Breach by Employee template - Download from Human Resources-Policies and Procedures

 
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Document Description
An employment contract may state the amount of liquidated damages to be paid if the contract is breached. Upon a party's breach, the other party will recover this amount of damages whether actual damages are more or less than the liquidated amount. If the agreed-upon liquidated damage amount is unreasonable, the Court will hold the liquidated damage clause to be void as a penalty. If the Court declares the clause to be void, the employer would have to prove the actual damages.
 
 
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