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Board questions employment contract clause that waives liquidated damages on dismissal
Summary
Members debated a clause in an employment contract that waives liquidated damages if a candidate is 'dismissed or unable to meet requirements,' raising concerns about recouping training costs and distinctions between dismissal for cause and voluntary departure.
Members examined a clause in an employment contract stating that "liquidated damages will be waived if candidate is dismissed or unable to meet requirements." S1 asked why the town would waive repayment when the town has already spent money on training and asked whether the intent was to recoup costs if a recruit leaves before three years.
Committee members debated the distinction between a recruit voluntarily leaving (which would trigger repayment) and dismissal for cause or failure to meet academy requirements (which the clause appears to treat as a waiver). Resident Jim Hazard (S7) compared such language to corporate relocation recoupment clauses. The board asked the chief to provide the current contract for review and directed staff to forward the language to town-council review (Paul and town council) to consider adding an exception such as recovery when dismissal is for 'good cause.'
