A little help regarding employment contracts

[CitationUltra]

I'd be interested to hear a good attorney's opinion on some of the issues raised in the Lakes' case. For instance, the issue raised with regards to whether or not the new-hire was coerced to sign the contract. In the case cited, the court said that the new-hire wasn't coerced because he was free to leave Lakes and seek employment elsewhere. Some posters here at FI claim that these training contracts are void because they were signed under "duress" and that doesn't seem to be the opinion the case summary I linked to.

No one is coerced in signing an employment contract as a condition of employment.

It would be liking welshing on an auto financing contract, then saying "I was coerced, because if I hadn't signed, the dealer would not give me my new Lexus."

This is not to say that anyone should sign these contracts. I am against 'em, as are most of us here. What I am trying to do is discourage anyone here from entering into any of these agreements on the premise that they are not enforceable. They are.

 

[Guitar Guy]

What I am trying to do is discourage anyone here from entering into any of these agreements on the premise that they are not enforceable. They are.

Unfortunately, that is true in many instances. The best advice someone could take away from this whole thread is to either NOT sign a training contract with whatever consequences that entails or to have the training contract reviewed by an attorney to understand the agreement in detail, including enforceability, before signing it. Getting legal advice could cost a little bit but it would be far cheaper than losing a lawsuit and having to repay thousands of dollars years later.

 

[CitationUltra]

Unfortunately, that is true in many instances. The best advice someone could take away from this whole thread is to either NOT sign a training contract with whatever consequences that entails or to have the training contract reviewed by an attorney to understand the agreement in detail, including enforceability, before signing it. Getting legal advice could cost a little bit but it would be far cheaper than losing a lawsuit and having to repay thousands of dollars years later.

You're right.

A few dollars spent prior to signing can save thousands later.

Despite what has been posted here, i.e. "tell them to go f*** themselves, don't answer the door...etc." defending a civil suit will cost a pilot thousands--totally out of proportion to the relative cost of prosecuting the enforcement on the part of the airline, and then in the end, the airline wins, obtains a civil judgement, and goes about the process of collecting, with all that implies, liens, attachments, ruined credit, etc.

The airlines are represented by their corporate counsel who know that they must pursue these actions and then collect on their judgement, or risk the counter-complaint that they don't act to enforce, or selectively enforce.