Contracts

[c152]

How binding are training contracts? I have to sign one to keep my job. If I leave early I have to pay the full traing costs over a year. The total traing cost are 12k for a year. If I leave in month 3 I would have to pay 9k. Is there a way out of this. Im in a rock and a hard spot. I don't have that type of money, but I have a new job. I have been working at the place that has the training contract for 3 years.

 

[ttflyer]

How binding are training contracts? I have to sign one to keep my job. If I leave early I have to pay the full traing costs over a year. The total traing cost are 12k for a year. If I leave in month 3 I would have to pay 9k. Is there a way out of this. Im in a rock and a hard spot. I don't have that type of money, but I have a new job. I have been working at the place that has the training contract for 3 years.

Who has better lawyers? You or the company? I'm guessing they do. So in the US, anybody can sue anybody for anything. If you sign a training contract, leave the company and fail to pay, they can sue you. You may win if you fight it, but it will cost you lots of money in lawyer fees (and you may loose, which is a lot like loosing twice). If you ignore it, their lawyers may ruin your life - or they may not do anything... It's a gamble. No hard answers, just lots of maybes... Home Depot (not the flight department) does not usually require training contracts, for what it's worth...

 

[ttflyer]

Also, from the sound of it, they want you to sign a training contract for re-current training (i.e. every year) which makes you an indentured servant. If that's the case, I would run far away from this job. Low-life employers like this are the scourge of our industry.

 

[bizjet800]

I think to have real bite it has to be a promissory note. Other contracts can be a headache though.

 

[brokeflyer]

tell them you'll sign the contract for whatever the terms are....at the end of the training contract you get a 100% raise.

see what they say about that

 

[Freedom]

I like the Escrow Account solution

Tell them if they will put a year of your Salary into Escrow, that if for any reason THEY decide to end your employment, they will forfeit it to you.

I mean come on, they want to lock you up for a year. If they expect you to do it, shouldn't they be willing to do the same?

Business slows down and they need to lay off? PAY ME.

Don't like the fact that I actually want to follow an FAR and fire me? PAY ME.

Mr. Big doesn't like the way I looked at him this morning and fire me? PAY ME.

Oh, you want to Fire/Lay Me Off AT WILL? Ok. Then don't expect me to sign a Training Agreement that restricts my freedom to leave no strings attached.

 

[cynic]

How binding are training contracts? I have to sign one to keep my job.....

Not at all based on this. Two scenarios -

1 - Before you take this job I want to let you know there is a training contract. That contract is enforceable and negotiable. You can refuse!

2 - Now that you have moved here and are dependent on this job sign this contract or you are fired. The contract is not negotiable. You are being forced to sign something and I doubt it would hold up in court.

All of that said a training contract says this -
We treated the last few employees so poorly they quit. We're still a-holes and rather than treat employees any better, we've decided to double down on being a-holes and sue people that quit.

 

[stupidpilot]

How binding are training contracts? I have to sign one to keep my job. If I leave early I have to pay the full traing costs over a year. The total traing cost are 12k for a year. If I leave in month 3 I would have to pay 9k. Is there a way out of this. Im in a rock and a hard spot. I don't have that type of money, but I have a new job. I have been working at the place that has the training contract for 3 years.

I'm probably going to be the lone dissenter here but, did you know there was a training contract going in? Did you sign of your own free will? Is the price for training reasonable or is it over inflated? Did the company do anything in breach of the contract you signed or do you just want this other job? Is the other job really worth leaving for? Is it a career job or does it have the potential to be one? Is it a huge step up on the career ladder?

I'm sorry, but if you agreed to it then you should do the right thing and pay unless the company is in breach. On a side note, one place I know of would make their employees sign a training contract in a right to work state, which is illegal and unenforceable. When someone quit, the employer would sue and then delay the case until a certain judge was assigned to it. This particular judge, the employer had contributed heavily to his re-election campaign so he was in his pocket so to speak. Campaign donations are a matter of public record so if your employer does try and sue you might be able to get the judge to recuse himself if this is the case.

FWIW, I think companies that have training contracts are bottom feeder scumbags. But I also think people need to live up to their obligations too. Either way, good luck to you, I hope it all works out.

 

[cynic]

Did you sign of your own free will?

That is the important point. If you signed it as a condition in accepting the job you should honor it and it is enforceable.

If you took the job, sold your house, moved to a new city, started working, bought a car, then some time later your boss says 'sign this or you are fired' then it wasn't negotiable, you had no choice. I would not honor a contract I was forced to sign under duress and I doubt a court would make you.

 

[Whistlin' Dan]

How binding are training contracts? I have to sign one to keep my job. If I leave early I have to pay the full traing costs over a year. The total traing cost are 12k for a year. If I leave in month 3 I would have to pay 9k. Is there a way out of this. Im in a rock and a hard spot. I don't have that type of money, but I have a new job. I have been working at the place that has the training contract for 3 years.

Generally, contracts that are signed under duress are unenforceable. Threatening you with termination 3 years into your employment might well be considered "duress," but unless you have 10-20K to take them on in court in the event you leave it might be easier to negotiate a settlement with them.

Contracts for which no consideration (I.E., something of value) is given are also generally unenforceable. Therefore, a company-sponsored type-rating might be considered to have tangible value to you, while a proficiency check (which is of value primarily to the company) might not.

If the job you're presently at is the best you've been offered and the checks are on-time and cashable, I would consider doing the following;

1) Make copies of any and all company memos, documents, etc., which make it evident that signing is mandatory.

2) Sign whatever they put in front of you. Do it in front of as many witnesses as possible, and make several references to the fact that you "don't really understand it, but that [you] want to keep your job." Keep a list of those witnesses, and stay on good terms with them.

3) In the event that you leave the company and they try to recover from you, present all of the above to an experienced labor attorney. He'll know what to do...

Just my $.02