Lawyer Inputs on Training Contracts (Time Sensitive)

[sleepy]

I asked my lawyer wife about this. Of course she said she couldn't say without reading the contract. Generally, she said if you sign a contract that is valid (does not violate any state or federal laws) then you have an obligation to complete the terms of contract. If either party does not live up to the terms of the contract, then the other party can seek damages.

I signed a training contract for a job a long time ago. I got a better job and left the place after about 8 months. The company kept around $2000 that they owed me in salary (this was a freight job in a Navajo, not anything good). I had a lawyer friend write them a threatning letter and they decided to pay me. In exchange I signed an agreement to never sue them. I spent nothing on my attorney, they had to spend money on their attorney and pay me. Of course at the time they didn't know that I was not serious about filing a lawsuit. It just took a simple letter...........

I should point out that the mistake my employer made was in withholding my pay for the debt. This was against the law, and if had filed a lawsuit and won I could have gotten 3 times the amount in damages. What they should have done was pay me then sue me for the $2000.

If you cannot afford an attorney then try getting a free Legal Aid attorney to help you.

 

[NGT]

Aviation International News last month had an article on the outcome of the Flexjet lawsuit in regards to training contracts. In U.S. courts it sounds like they are not worth the paper they are printed on, especialy if you can show breach of contract by the employer. In Europe check the precedent of the Swiss Air pilots and thier loosing effort against training contracts.

 

[SoundBarViolatr]

At this point in the game the question is if he should continue pursuing his pay and/or finish his training. Since the employer's failure to pay him or respond to any inquiries of his pay is a breach of the employment contract, it may be to his advantage to finish the type as an insurance in case these people do not pay him prior to his scheduled departure to the overseas assignment and then it would be make sense for him not to go at all. However, finishing the type course means that he is in violation of the training contract ~ how valid or enforceable this contract may be (as it is an overseas company and the person is US) is another issue.

But then again, who really wants to go work for someone halfway across the world when the gun is already half cocked...

 

[svcta]

All the advice above sounds good. I have nothing to add except that it seems to me that completing the training with the intention of leaving is suspect and only means that your friend has sunk to their level. Beyond that he/she is just asking for trouble with that move, too. Run, don't walk, from this situation NOW. The longer he/she is there the stronger the employers case becomes in my opinion.

Chalk it up to a mistake and move on. And in the future stay the he!! away from training contracts.

 

[cjdriver]

One thought here, you might consider using your position of strength (being able to quit training before completing it with little risk of liability) and asking the employer to make it right with you in regards to pay and work conditions, etc. Have them put it in a contract. They are now highly motivated to work with you. Short of this, I would bail before completing the training or you'll be on the hook for sure.

 

[SoundBarViolatr]

One thought here, you might consider using your position of strength (being able to quit training before completing it with little risk of liability) and asking the employer to make it right with you in regards to pay and work conditions, etc. Have them put it in a contract. They are now highly motivated to work with you. Short of this, I would bail before completing the training or you'll be on the hook for sure.

The pay and pay schedule is in the employment contract. No response whatsoever in all my pay inquiries by phone or email in over 8 days. Since it is overseas it looks like it will be virtually impossible for me to collect my pay from them, which is now at half the cost of the training.

 

[Coool Hand Luke]

Could you not also make a case that the training expense is pro-rated to the point from which you went unpaid? In which case you might only be "on the hook" for the cost of the last few days of training. Perhaps you can complete and get the type for only a few thousand dollars and at least get something out of all that hard work.

 

[sleepy]

The pay and pay schedule is in the employment contract. No response whatsoever in all my pay inquiries by phone or email in over 8 days. Since it is overseas it looks like it will be virtually impossible for me to collect my pay from them, which is now at half the cost of the training.

I would just walk away from this. They are not going to spend the money to come after you in US courts for a training contract. It would cost them more in legal fees than it is worth. They won't pay you, they won't contact you, is this a place you want to work? If you do go to work for them in their country you will be subject to their laws. That doesn't sould like a place you want to be.

 

[svcta]

Seriously, it's time to come home. No matter what happens, you're not going to win if you play with these people. Get away quickly and call it an experience.