Hello all,
I am in deep trouble. My previous employer in IL has filed a lawsuit against me for breaching the contract and i need to appear in the court in a weeks time.
I went to company A to get trained on january 1st week and i signed a training contract by paying them 750$ for the training they provided me with food and accomodation during my period of stay, and to mention a point here the i stayed with atleast 8 people in one apartment , worst experience in my life.
I left the company in march 2nd week around, since they could not market me and never gave me a single client call in a period of 1 month, due to my financial situations i had to go for a different company and i am working with this company B.
Two months approx. later company A's attorney sent me an email saying that i did not work for the company for one year and asking me to settle it outside the court or else they will file a lawsuit and for which i never responded it back.
Also the employer lied saying that i actually had 3 client calls - interview calls in that period of one month but the fact is that i did not receive even a single client call.
I never liked the way they were treating its a big pain.
I do not know what to do now, what will happen in the court, and what are the consequences that i need to face .
Please find the contract below and kindly help me out.
Thanks.
pxa
Training contract
INTENTION: The Company is in the process of building an SAP practice and other Software. In order to do this the company is to offer training in the respective software to the consultant at no cost to the consultant except for a refundable security deposit of $2000.00 based on the mentioned guidelines. The consultant I is paying the security deposit in good faith that the company is offering this free training as an intensive and to develop their practice and has no intention of not paying back the consultant within the time frame defined in section III
I Company Responsibilities:
1. Offer Intensive training in xxxxxxxxxx for a duration of four weeks by the company.
2. Computer access with software installed and security to the building.
3. After the due completion of training, the recruiting department of the company will market the consultant to place in a project in any part of the United States.
II Consultant responsibilities:
1. Consultant is expected top work with the company after the placement for a minimum of one year. If there are any expenses incurred during the process of placement, the consultant should work with the company till the company recovers these expenses. The starting salary would be $48,000.00
2. Consultant is to attend training at the company’s facilities regularly with out missing any training sessions.
3. Consultant has to take care of his/her accommodation and transportation to attend the training. If the company provided guest house, it is the responsibilities of all the consultants to maintain the guest house cleanly. Any charges incurred to maintain the guest house due to the lack of proper maintenance would be borne by the consultants. If the consultant stays in the company’s guest house and doesn’t abide by the terms and conditions of the company or leaves the company without working for 3 months he/she has to pay $2000.00 to the company.
4. Security deposit of $2000.00 is due full on the first day of the training.
III. Repayment guidelines
1. Recruitment department of the company is responsible for placing the consultant. If the company fails to arrange minimum three interviews to the consultant in three months the company promises to repay the security deposit in full to the consultant provided the consultant comes regularly to the company and attend interviews.
2. 2. If the c company places the consultant on a project, the security deposit is paid back in three installments. The installment date at the end of the third month after placement. Once paid the deposit is not refundable under any circumstances unless you work for the zzzzzzzz for 3 months.
3. The company will not repay the security deposit if the consultant decided to discontinue the training or fail to attend the interviews arranged by the company.
4. The company agrees to pay back the consultant the security deposit of $2000.00 in full if the company decides to discontinue the training any time during the training period
5. The company is not liable to pay the initial deposit if the consultant gets the placement through other organizations during the training period or during the first three months after the training period.
Both the company and consultant sign this agreement and they agree to the repayment guidelines and responsibilities mentioned above. If the company violates the repayment guidelines, this agreement can be published in the court of law at any of the district courts in the US
(Security deposit of $ 750 is paid on xx-xx-xxxx) Another ------------ is due on --------.
itsmepxa
06-28-2005, 07:21 PM
Hello everyone,
Thanks for the reply Lconnel. I got the case papers and the company where i got trained is suing me $25,000 for breaching the TRAINING CONTRACT. I have couple of questions, Kindly help me out.
1. Can a company take money in CASH for training?
2. Can a company provide training by taking money and without offering an employment before the training?
3. Can a company force me to work for one year after the training?
4. They say that if i had worked for one year they would have enjoyed $25,000 as profit, and since i left the company they lost that profit, and demanding it from me - IS THIS VALID?
5. I was not in the companys payroll and they were not paying any money during the training period, can a company enforce contract rules , when i was never even an employee of the company?
6. The contract says that i need to work for the company for 1 yr AFTER THE PLACEMENT ie after they find me a job, but i left the company even before they took efforts to get me a job, i did this because i could not not wait for more time trusting they would get me a job.
Kindly help me by answer to these questions.
Thanks
c:\pxa
