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Comment by maccio92 | Hacker News Reader

this clause is interesting too, they have first dibs on you as long as they make competitive offers

> After the program, graduates pay 15% of their income for 2 years if they are earning over $40,000. Furthermore, graduates agree to work for us directly if our offer is as good as their other employment offers.

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That latter clause seems unenforceable. At-will employment.

Or are there some monetary penalties if they match other employers' offers and you don't take the job?

Employment is at will, but contracts can include penalties.

Interestingly most penalties are not enforceable, damages are though.

https://en.wikipedia.org/wiki/Penalties_in_English_law

No penalties, we actually think this clause is probably not necessary. We work with trainees for so long during the program that ideally they would find it natural to work for us (or for our staffing clients).

It's unnecessary, unenforceable and off-putting. By definition, if you make an offer of employment to someone and they choose a different one, then your offer wasn't "as good". Maybe you're offering the same salary, but that's certainly not the only thing that goes into an offer. I get you want to keep students around for yourself or for your staffing clients, but this is not the way to do that.

I think in the end, we will remove it or change the language so dramatically as to remove it. We have been surprised by how many people are totally fine with this clause, though, about 99%.

Hmm.. I'd much rather have someone choose to work for me than do so out of obligation.

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