Are Training Contracts Enforceable?

[icefr8dawg]

here's something to throw in the mix, a lot of operators have us doing illegal things. A free out of the contract could be arranged as a bribe in some cases. Feeling like a scumbag aside though...

 

[English]

The US Supreme Court ruled on a case a few months ago that was over a training contract. Training contracts are not enforceable due to the fact that it violates "indentured servant" status. If you are finacially and legal binded to a job that you can not leave because of this then that contract is illegal an non enforceable. This case also involved a collection agency, the collection agency is being sued now in civil court and some individuals are headed off to criminal court. Seven of the seven judges ruled against the contract.

Do you have a reference for this?

 

[bobbysamd]

Training contracts

a strong word of advive. some of these contrasts are enforcible. be very very careful you are working for before skipping. if turned over to a collection agency yeas they can destroy your credit. the company has nothing to loose.

Disguised in this illiteracy is a point. Among other things, a contract (or "contrast," if you will) must have a legal purpose, and commiting a person to training expenses is not illegal. Therefore, you should assume that the contract is enforceable.

The question then turns on how much effort a company might put forth on enforcing it. It may decide that it's not worth the expense to go after the individual who breached it. On the other hand, the individual could be sued for breach, bad faith and/or other legal theories.

One other point worth considering is your reputation. Mr. P-F-Ter notes, correctly, that a breached training contract can be turned over to collections. If you signed a training contract but have another gig lined up, it very well may be worth it to negotiate a settlement. Doing so will protect your credit, but, more importantly, protect your reputation.

 

[F70pilot]

Some of the "contracts" I have perused did not mention training per se. They were promisory (sp) notes which is a bit different.