AT Lawyers I need your help

[xospec1alk]

So I started a job right about a year ago. 3/15/2004 to be exact. When i started, I signed an agreement letter that says.....

"Accordingly if Employee voluntarily leaves employment with <COMPANY> or if Employee is discharged with cause before the second anniversary of this agreement, Employee shall repay <COMPANY> the sum of Five Thousand Dollars($5,000.00), representing a portion of <COMPANY>'s investment in Employee's training."

Question, how enforceable is this? some of my colleagues think its BS and not enforceable at all....but others thing that the company is really vindictive and would litigate in order to get that sum of money back.

I took this job last year because the market sucked, and it was the only place that interviewed me last year after 2 years of looking. I hate this job...

Any help would be greatly appreciated...THANKS!

 

[olds]

If you signed a contract stating that, you'd better abide by it or pay up if you leave.

 

[spidey07]

that's pretty messed up right there.

 

[everman]

It might be worth consulting with a real lawyer about this. How can they prove it cost them exactly $5000? It sounds more like a penalty fee than reimbursement, and I'm not sure if a huge penalty like that would be legal...?

edit: I think it's in violation of the Fair labor standards act.

 

[xospec1alk]

i was hoping there would be a real lawyer on ATOT that could give me some advice...

i think it really is a penalty fee...bleh. all the training they have given me has net them more than $5000 in billable time from me....

 

[lykaon78]

Get yourself fired, they'd probably have a harder time collecting.

 

[xospec1alk]

i was thinking about getting myself fired...but how would I do that?

 

[gooseman]

Originally posted by: xospec1alk
i was thinking about getting myself fired...but how would I do that?

You may want to read it again, it states "or if employee is discharged with cause"

 

[mrrman]

Id tell them where to stick it...

 

[xospec1alk]

Originally posted by: gooseman

Originally posted by: xospec1alk
i was thinking about getting myself fired...but how would I do that?

You may want to read it again, it states "or if employee is discharged with cause"

but is there a way to get discharged with no cause?

 

[imthebadguy]

Originally posted by: xospec1alk

Originally posted by: gooseman

Originally posted by: xospec1alk
i was thinking about getting myself fired...but how would I do that?

You may want to read it again, it states "or if employee is discharged with cause"

but is there a way to get discharged with no cause?

f ap f ap in teh office

 

[VirtualLarry]

Originally posted by: spidey07
that's pretty messed up right there.

Yeah, that sounds rather unusual. I mean, I've heard of companies that will pay for an employee's training (and NOT as an advance against the employee's pay), and I've also heard of companies that essentially require the employee to undergo ongoing training/certification in order to remain with them, but they don't pay for said certs/training - meaning that the employee is generally forced to pay it out-of-pocket. But there's no loan, no advance, involved.

I wonder how this would play out in court, especially in a state with "at will" employment.

 

[zixxer]

Originally posted by: xospec1alk

Originally posted by: gooseman

Originally posted by: xospec1alk
i was thinking about getting myself fired...but how would I do that?

You may want to read it again, it states "or if employee is discharged with cause"

but is there a way to get discharged with no cause?

um. yes. don't do jack but insist you're working to the best of your ability.






or bang the bosses daughter

 

[mugs]

Originally posted by: xospec1alk

Originally posted by: gooseman

Originally posted by: xospec1alk
i was thinking about getting myself fired...but how would I do that?

You may want to read it again, it states "or if employee is discharged with cause"

but is there a way to get discharged with no cause?

Yes... but not on purpose. That would be if the company fired you due to circumstances out of your control, i.e. they can't afford to pay you.

That clause sounds really illegal.

 

[arcenite]

it says fired within 2 years of the initial signing of the contract you tools so stick it out for another year than come to work naked.

 

[iwantanewcomputer]

Originally posted by: xospec1alk
i was thinking about getting myself fired...but how would I do that?

f4p in the office?

 

[xospec1alk]

Originally posted by: mugs

Yes... but not on purpose. That would be if the company fired you due to circumstances out of your control, i.e. they can't afford to pay you.

That clause sounds really illegal.

I was thinking it sounds pretty illegal myself, but what do i know?

Like i said, i was desperate...desparation sucks sometimes....

 

[xospec1alk]

morning bump?

 

Depends if you burn them or not. If they are a big enough company they won't bother. My last company had a clause that if you quit you have to repay any tuition reimbursement you got over the last year. I racked up like $10k in tuition and they didn't do a thing.

 

[Biggerhammer]

If the company is vindictive, they might would persue that five grand just to hurt the ex-employee. But it'd take a real knucklehead of a manager, considering the damage it would do to pubilic image and staff morale, and we all know that management are exceptionally gifted with intellect.

 

[xospec1alk]

its a pretty small company >100 but we've been hiring like crazy over the past year because theres been a lot of growth...

either way...i have a feeling management is gonna f*ck me just for the hell of it....i mean i've been a great employee and all they gave me a glowing review at 6 months and all...but I hear that they're also a bunch of two-face a$$holes from the more senior people here...

 

[J0hnny]

Just briefly spoke to a lawyer for you. He says he feels it's tough to win this one because you knowingly signed it whether or not it's enforcable.

However, if there is no clause in the contract for it to go to arbitration, it would automatically go to court (under small claims court). You might stand a better chance of winning there.

 

[jmolayal]

WTF kind of company is this anyway? If you don't want to say the name, at least tell us what line of business they are in...

 

[Metron]

That used to be common practice at EDS (the company that Ross Perot started). EDS would give you a couple months of intensive training when you were hired, after you had signed a similar contract to the tune of a $10,000 departure penalty.

What kind of training did you receive?

 

[crystal]

Originally posted by: Metron
That used to be common practice at EDS (the company that Ross Perot started). EDS would give you a couple months of intensive training when you were hired, after you had signed a similar contract to the tune of a $10,000 departure penalty.

What kind of training did you receive?

I would guess the kind of training/skills that are valuable on the job market. The company is only protecting their investment.