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 employee would have to prove the actual damages.
West Virginia Liquidated Damage Clause in Employment Contract Addressing Breach by Employer serves as a crucial safeguard for employees in cases of contract violation. Such a clause allows employees in West Virginia to pursue legal remedies when their employer fails to meet the agreed-upon terms and conditions outlined in the employment contract. By incorporating this clause in the agreement, it ensures that both parties are aware of the potential consequences in the event of a breach. The purpose of the West Virginia Liquidated Damage Clause in Employment Contract Addressing Breach by Employer is to establish a predetermined amount, typically a sum of money, which the employer must pay to the employee as compensation for the breach. This predefined amount serves as a reasonable estimate of the damages suffered by the employee due to the breach. Although the actual damages incurred might be difficult to ascertain precisely, the liquidated damages' clause provides certainty and avoids lengthy legal battles over determining the appropriate compensation. There are two main types of West Virginia Liquidated Damage Clauses in Employment Contract Addressing Breach by Employer: 1. General Liquidated Damage Clause: This type involves the inclusion of a fixed monetary amount within the employment contract, which serves as the agreed-upon compensation in case of a breach. It specifies the damages that the employee would be entitled to receive in the event of a contract violation. This clause helps establish a clear expectation for the employer and employee regarding the financial implications of any breach. 2. Specific Liquidated Damage Clause: Unlike the general liquidated damage clause, this type allows for more customized provisions that address specific circumstances or breaches that may occur during the employment relationship. This clause focuses on outlining the specific actions or behaviors that could result in a breach, as well as the corresponding liquidated damages associated with each breach. It provides a more tailored and comprehensive protection for the employee, covering a wider range of potential violations. Including a West Virginia Liquidated Damage Clause in Employment Contract Addressing Breach by Employer offers protection to employees by ensuring they receive appropriate compensation in case of a breach. Employees need to carefully review this clause, understand its implications, and negotiate its terms prior to signing any employment contracts. Seeking legal advice or consulting an employment attorney is advisable to ensure the clause is fair and enforceable within the state of West Virginia.
