Is this training contract legal?

[slowto250]

Ha! Such a loyal employee. They would have no problem firing you in a heart beat if they found out you were breathing their air.

Front runner, for post of the year. LMAO !!

 

[spngbobsqrpilot]

Well some of us still have morals and when a company spends $34000 on my training I feel obligated to give them something in return for their investment.

Well they took your ability to "repay" away when they parked the a/c.

It's easy to raise the price of the used a/c the amount needed to recoup your training costs. (As if they haven't already done that.)

$34,000 seems high for training costs on an Astra. If that is correct it amounts to 0.62 % of a $5.5 million selling price. And that's not even discounting the amount you say you have reimbursed to date. Put another way, if financing a $5,500,000 at 9.9 % over 15 years the payment is $58767.26. Add in that $34,000 to the selling price and the payment goes up a whopping $367.29 to $59130.55. How far can the new owner get on $367.29 of Jet-A?

Additionally you stated that "I also told them that I would pay them $1000 a month if I were not available to fly at least 2 times a month."

I think it's already been pointed out.... you were (are) AVAILABLE. Further, your contract did not specify that credit would be given ONLY flying the Astra. So if the management company has other aircraft (and does any repositioning under part 91) you were / are AVAILABLE to act as SIC (after the requisite part 61 SIC training) then you have fulfilled the "Available" to fly for the management company requirement of your contract.

If they decide to train you under part 61 to be able to act as SIC (Don't be unAVAILABLE to do so or you will be violating the contract as you state) just don't sign another agreement. Let them decide if its worth spending the money to train you to act as SIC on another one of their managed aircraft, fly under part 91 reposition / owner flights only, and airline you back (one way last minute fares) so that they can get their "pilot services" on these flights only.


Or you can just tell them to pound sand. That's what I would do.

 

[fr8dogfo]

Chick Pilot,

Even if you didnt specify it in the agreement, its easy to see that your "intent" was to be available for 2 trips a month or else pay. As sombody else mentioned its not your fault they parked the airplane, Im assuming you're still available should they decide to start flying it again. I wouldnt worry about it and I wouldnt be writing any checks either.

Anyway, if you can shell out a grand a month because you thought it was the right thing to do, you shouldnt have any problem paying an attorney to straighten this out and get you out of the agreement all together. And THATS EXACTLY what I would do.

Good Luck, Keep us posted.

 

[Chick Pilot]

Well sorry I didn't make things more clear, but it is a long story. The training was done in the G-200, not the Astra. The G-200 is the only airplane they have that I am qualified in, they have plenty of pilots for their other aircraft.

As for your description of your "contract," (a term to be used loosely, here), you stipulated that you would be available to fly twice a month. You did not agree to fly twice a month, correct? If you are still available twice a month, are you not honoring your end of the contract? Wherein do you then pay? Further, what provisions were made in the "contract" you signed for sale of the airplane? Surely both you, and the employer thought about this in advance?

Why did you keep flying the airplane when you quit for safety reasons? This tells me that you were either foolish to continue flying for the company, or didn't have a valid reason for quitting. Which is it?

So I told them I'd fly for free...you surely do go out of your way to engender feelings of sympathy. I'm not impressed. Not in the least.

In response to Avbugs questions, the stipulation of the company no longer managing the aircraft also covers the aircraft being sold - they own it. I agreed to continue flying the aircraft as long as I did not have to fly it under the condition for which the safety issue came up and not as an employee of the company... they had another pilot willing to do that. I am not looking for any sympathy, just some good advise.

I have found another full-time position, so if they now need a pilot I will not be available. I have told "the power that be" that if they need a pilot and I am not available I will hold up my end of the agreement, but for the time the aircraft just sits in the hangar, I do not agree to pay.

Thanks for everyones help, I appreciate some of the good advise. I have not had to contact a lawyer yet, but I have done some research for if and when I do need to.

 

[HMR]

Hmmm. G-200 and safety issue? Was it weight and balance or runway requirements?

 

[Ty Webb]

I would send them a certified letter, short and to the point, stating that you remain available to fly the aircraft, as per your agreement; however, it is your understanding that the aircraft is not presently being operated. Therefore, you request that they inform you in writing when your services will again be required. I would keep the tone brief, but cordial.

If they respond to it with a "demand" letter demanding payment, then I would get an attorney, but I wouldn't spend the money on an attorney until they spend money on an attorney, which they probably will not do unless you p!ss them off. Of course, if they make the aircraft available to you to fly and you cannot, you will have to pay them for that trip, as per your agreement.

As for them "dinging" your credit rating- that's very unlikely, that would open another can of worms about their improper use of your social security number (furnished for employment purposes only) and they would have to be a merchant that reports data to the credit bureaus in the first place, in order to even have a mechanism to report this history.

If they threaten to do that, though, I would change posture immediately, and send them a cautionary letter stating very clearly that if they transmit any libelous statements to any third parties that you will instruct your attorney to vigorously enforce your rights and to seek restitution for any damages you have suffered.

I am not a lawyer, but I have had to deal with a fair number of dirtbags . . . . so far, I am 3 for three in court. . . . It is always best to work things out without lawyers, but every once in a while, it's just not possible.

Good luck. Maybe our board's very own Bobbysamd could give you his opinion- he's a paralegal and may have some insight into the matter.

Good luck.

 

[WhiteCloud]

This is really clear to me. If it's not safe to work there then don't. If it's safe to work there then keep working there and excercise your perogative to cancel flights when the situation warrants. If they push just tell them they can fire you and fire the next guy too and may end up in a smoking hole somewhere. Don't continue to be a weenie. Take a real stand.