I have been employed at a spa in New York City since March of 2021. I signed a 6 month contract in July of 2021 which stated if I quit before 6 months from the date of signing the contract, I have to pay the spa $5000.

When I was hired, I requested to work 4 days a week. I have worked 3 weeks straight with no days off multiple times for this spa, I have worked through lunch breaks, worked an hour early/hour late many times, worked while suffering from food poisoning, and even learned how to do another job in the spa so a different employee can take a vacation. I have gone to so many unpaid trainings because we would be fired if we didn’t come. Every time I have a day off I’m called last minute to come in.

I am so tired and overworked. I requested 9 days off in November to take a vacation. I made my job aware of this vacation a month in advance. The request was denied because I “told the company too early”. They are going to put me on the schedule for these days and I can go on vacation if I can find coverage. There is only one other employee so I won’t be able to. I am planning to take this vacation whether I find coverage on not. The contract stated I have to pay $5000 if I quit.

Is this legal? Can she sue me for the $5000 since I signed a contract? I am planning to just not show up if I can’t find coverage so would that still count as quitting? Thanks for any help or advice.

EDIT: forgot to add i am paid off the books