Quitting an Internship: Can I actually be charged money for this?

[jrm18]

About two months ago, I signed two internship agreements for a company located in another state (CA). The work for both can be completed remotely. The agreements state that should I be forced to resign, I'll be required to "reimburse" funds to the company. Essentially, I'd be charged money for leaving an unpaid internship. Additionally, I committed to 6-month internships for both positions, neither of which has started until this week, meaning that while I signed in February, I won't be done until October. I'm wondering if this contract is actually enforceable. I'd like to extricate myself from a situation that has quickly become incredibly frustrating.

Additionally, I have some concerns as to whether or not these internships should actually qualify as unpaid internships and be exempt from federal minimum wage standards. One requires that I maintain the company's Twitter profile as it relates to their blog and the other position necessitates blogging about issues related to this company's business. Though the blog and twitter feed are, of course, offered to the public free-of-charge, they both pertain strongly to this company's true business; online and print media. The blog essentially serves as a means of advertising their real services.

Can I get out of these internships without being forced to pay? Is that even an enforceable contract for an unpaid internship?

Thanks for any advice!

 

[LdiJ]

About two months ago, I signed two internship agreements for a company located in another state (CA). The work for both can be completed remotely. The agreements state that should I be forced to resign, I'll be required to "reimburse" funds to the company. Essentially, I'd be charged money for leaving an unpaid internship. Additionally, I committed to 6-month internships for both positions, neither of which has started until this week, meaning that while I signed in February, I won't be done until October. I'm wondering if this contract is actually enforceable. I'd like to extricate myself from a situation that has quickly become incredibly frustrating.

Additionally, I have some concerns as to whether or not these internships should actually qualify as unpaid internships and be exempt from federal minimum wage standards. One requires that I maintain the company's Twitter profile as it relates to their blog and the other position necessitates blogging about issues related to this company's business. Though the blog and twitter feed are, of course, offered to the public free-of-charge, they both pertain strongly to this company's true business; online and print media. The blog essentially serves as a means of advertising their real services.

Can I get out of these internships without being forced to pay? Is that even an enforceable contract for an unpaid internship?

Thanks for any advice!

I think that it would be highly unlikely that a contract requiring you to pay for dropping out of an unpaid internship would be valid and enforceable, I think that it would be best if you ran the contract by a local attorney for an opinion, as the attorney would be able to read and comment on the agreement as a whole.

 

[justalayman]

California is a ***** animal and has some very unique law. I would strongly suggest you speak with an attorney familiar with this sort of matter in respect to California law. An attorney not familiar with California law (in other words, a local attorney is not likely to do you any good) is of no use here.

 

[eerelations]

I think it is likely that you should be paid for this, that what you're doing doesn't qualify as unpaid internship work. Check out the federal DOL website, there should be information there that can help you determine this. And if you do qualify for wages, you can file a claim right on the website.

 

[justalayman]

I think it is likely that you should be paid for this, that what you're doing doesn't qualify as unpaid internship work. Check out the federal DOL website, there should be information there that can help you determine this. And if you do qualify for wages, you can file a claim right on the website.

here is an excerpt from the dol's site concerning this:

The following six criteria must be applied when making this determination:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to
training which would be given in an educational environment;

2. The internship experience is for the benefit of the intern;

3. The intern does not displace regular employees, but works under close supervision of existing staff;

4. The employer that provides the training derives no immediate advantage from the activities of the intern;
and on occasion its operations may actually be impeded;

5. The intern is not necessarily entitled to a job at the conclusion of the internship; and

6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the
internship.

I see as the internship probably not meeting #3, #2, and #4 and possibly #1. Working remotely makes the training and oversight requirements difficult to meet.


Maybe I have misunderstood but to me I did not believe you had started working the internship yet. If not, then calling the dol to make a wage claim isn't possible.

One requires that I maintain the company's Twitter profile as it relates to their blog and the other position necessitates blogging about issues related to this company's business. Though the blog and twitter feed are, of course, offered to the public free-of-charge, they both pertain strongly to this company's true business; online and print media. The blog essentially serves as a means of advertising their real services.

as you can see per #1 above, your argument does not show the position cannot be treated as an internship. What would be required is training in how to perform those duties.

 

[LdiJ]

California is a ***** animal and has some very unique law. I would strongly suggest you speak with an attorney familiar with this sort of matter in respect to California law. An attorney not familiar with California law (in other words, a local attorney is not likely to do you any good) is of no use here.

Are you really thinking this through, based on the elements of a contract? Yeah, a contract could be signed that gives CA all jurisdiction over something that gives absolutely nothing to one party but gives the other party the right to financial compensation of that party doesn't perform, but that doesn't mean that its a valid contract or that CA would have any jurisdiction over the party who receives nothing...even if the contract says so.

Someone in the US could sign a slavery contract but that doesn't mean that it would hold up in court in any state of the US...and the kind of contract being described here would be perilously close to something like that.

 

[justalayman]

LdiJ;3326692]Are you really thinking this through, based on the elements of a contract? Yeah, a contract could be signed that gives CA all jurisdiction over something that gives absolutely nothing to one party but gives the other party the right to financial compensation of that party doesn't perform, but that doesn't mean that its a valid contract or that CA would have any jurisdiction over the party who receives nothing...even if the contract says so.

To start with, a contract for an internship has consideration from both parties; labor from the intern and training from the employer. They both receive something.

I didn't say the contract was valid. I said OP should consult a lawyer familiar with California law regarding this. Even if the contract does not specify jurisdiction to California courts, the employer is located in California and will likely seek to sue in a California court. Of course OP could always attempt to argue lack of jurisdiction or even improper venue but that is something for the future, if ever.

Someone in the US could sign a slavery contract but that doesn't mean that it would hold up in court in any state of the US...and the kind of contract being described here would be perilously close to something like that.

wReally? I specifically said I suspect the contract is not enforceable as an internship which in itself would allow for voiding the contract.


btw: yes, you can sign a slavery contract and it can be enforceable. While there may be arguments it is against public policy, written properly it can be made an enforceable contract.

as a matter of fact, I think there is such a thing. It's called a contract to intern.

btw; if the employee has to pay somebody to replace the OP, they are damaged and as such, due to the OP's acts, they can be held liable for the damages their actions caused the employer (if the contract is not otherwise void).