Employment Agreement Violation Consequences

Hi,
I am employed with consulting firm and my employer gets money when I am on project. I have entered into agreement that I will not leave the current company for 1 year. If I violate the agreement, I have to pay $2500 per month till completion of term. Since its slow down period and I am on bench (not working on project) from 6 weeks, so my employer is not getting money from me. Although he is paying me. I have fear that he can fire me anytime since its slowdown period. I have found another employer, but I fear about the agreement I have signed. Can you please tell me if this can be challenged in court of law and If I can get benefit?

If your company fires you, you are not responsible for leaving, they are. They cannot enter a court of equity to sue you for the $2500 per month without the benefit you could expect for signing the document... namely that you would receive a salary while employed. Since they would be responsible for severing the relationship, you don't owe them anything.

You might want to suggest to them that you can see that the business doesn't seem to need you. Ask if they would give you time and resources to find another job so you can each benefit. It is no fun to work when you have nothing to do. It is also no fun to pay an employee for work when you don't have any to assign him/her to do.

If you leave without their blessing, you could easily have a court saying you need to pay them. However, that is a lot of money and living on the edge of your company's demise with nothing to do can be nerve racking.

Don't make any move without talking to them. They could be expecting work for you any day.