• We’re currently investigating an issue related to the forum theme and styling that is impacting page layout and visual formatting. The problem has been identified, and we are actively working on a resolution. There is no impact to user data or functionality, this is strictly a front-end display issue. We’ll post an update once the fix has been deployed. Thanks for your patience while we get this sorted.

Invalid Tuition Reimbursement Contract

S

steppinthrax

Diamond Member
So, I work for a small company. I got by boss to send me to roughly 9K of MCSD SharePoint Training. He had me sign a document that is pretty much "supposed" to say that I'm required to pay it back if I leave the company. I noticed a "copy/paste" error within the final statement above my signature line, where another company name is mentioned as the company that is supposed to deduct from my paycheck if I leave within a year. This other company dosen't exist, and it appears they used a form from another company as a template but didn't check it carefully after the changes. My question is this still valid since this error is made?
 
Wait, you have to pay it back if you EVER leave the company? Or it phases out in a few years?

If you're not planning on leaving, it's a moot point. If you are, you could certainly argue the point, but how much will the legal bill cost you?
 
jagec said:
Wait, you have to pay it back if you EVER leave the company? Or it phases out in a few years?

If you're not planning on leaving, it's a moot point. If you are, you could certainly argue the point, but how much will the legal bill cost you?
Click to expand...

You have to stay a year after the training. If you leave before a year is up, then you pay it back...
 
Any condition if you were fired? If so then do something to get fired.

Just kidding.

It is kind of a douche thing to do to take training without staying the one year you committed to stay for, or to leave and weasel out of repaying your debt.
 
Register a company with that name in your state. Offer to have your wholy owned company deduct as per the contract.
 
SamQuint said:
Any condition if you were fired? If so then do something to get fired.

Just kidding.

It is kind of a douche thing to do to take training without staying the one year you committed to stay for, or to leave and weasel out of repaying your debt.
Click to expand...

Why is it douche????

They company offered to pay and could have said no. Also they made an error in contract.
 
steppinthrax said:
Since they used another companies name, to me it seems invalid. So it would have to be corrected.
Click to expand...

So then you aren't looking to get out of it?


The correct thing to do would be to bring it up to your boss. "Hey this got messed up somehow, should we fix it?"

But you already knew that, so what are you getting at?
 
rudeguy said:
So then you aren't looking to get out of it?


The correct thing to do would be to bring it up to your boss. "Hey this got messed up somehow, should we fix it?"

But you already knew that, so what are you getting at?
Click to expand...

don't be a dick. you know what he is getting at. He wants a "ok" from us to fuck the company over.

otherwise he would do what you said then come to us. instead he post how he can get out of it.
 
waggy said:
don't be a dick. you know what he is getting at. He wants a "ok" from us to fuck the company over.

otherwise he would do what you said then come to us. instead he post how he can get out of it.
Click to expand...

I don't really need a "OK" from you guys. I'm just seeing if any persons here with knowledge of law understands how this works. I'm going to do it anyway.
 
Usually the lower courts would side with the company.

Now if you spent way more than its worth you might get a higher court to kick it due to some legal part, but small claims and local district courts usually try and follow the intent of the contract and also if it was unfair to 1 party.
 
rudeguy said:
and we have another user to add to our "don't ever....EVER....do a FS/FT deal with list.
Click to expand...

I have a high credit score, pay all my bills on time, have a 400+ positive ebay score, and no crim record. I just feel a little f----- by the company/org I'm working for.
 
Imagine if you spelled your name wrong on your employment documents and they asked for all your salary to be paid back.

Does your name at work match your name on your birth certificate? On your SSN card? On your bank account?

Don't be a douche dude. The "Hey this got messed up somehow, should we fix it?" is the right way to go.
 
steppinthrax said:
Why is it douche????

They company offered to pay and could have said no. Also they made an error in contract.
Click to expand...

They offered to pay on condition that you stay and work another year for them at the very least. It was also a condition that you should pay them back if you could not fulfill the one year requirement. (regardless of the crappy paperwork, you knew the intent of the contract that you willfully signed)

You could have turned down the training if you knew you were going to leave them. You are the one that should have said no.

So yes it is a douche move on your part. They could have offered that training to someone else.

I am thinking that this company will be actually be better off in the long run.
 
SamQuint said:
Any condition if you were fired? If so then do something to get fired.

Just kidding.

It is kind of a douche thing to do to take training without staying the one year you committed to stay for, or to leave and weasel out of repaying your debt.
Click to expand...

I once took a week-long training course and resigned one to two weeks after the course. 😀 I didn't have to pay anything back and I waited until my reimbursement cleared before I turned in my notice.
 
Seems to me like they are trying to protect their investment. Otherwise it simply looks like you took the training to get in a better position to find a new job.

So if you do quit, I wholly hope they can get their money back from you.
 
I am going to have to agree that most of the lesser courts will side with the company. You knew the intent of the contract when you signed it. You are now trying to use a typo to weasel your way out of it.

If you do leave, I sure hope you don't ever try and list this company as a reference or anywhere on your resume. I'm sure future employers would be thrilled to know how you tried to screw them over.
 
smackababy said:
I am going to have to agree that most of the lesser courts will side with the company. You knew the intent of the contract when you signed it. You are now trying to use a typo to weasel your way out of it.

If you do leave, I sure hope you don't ever try and list this company as a reference or anywhere on your resume. I'm sure future employers would be thrilled to know how you tried to screw them over.
Click to expand...

All of this.

KT
 
Jimzz said:
Usually the lower courts would side with the company.

Now if you spent way more than its worth you might get a higher court to kick it due to some legal part, but small claims and local district courts usually try and follow the intent of the contract and also if it was unfair to 1 party.
Click to expand...

Barring something exceptional (e.g. coercion or intentionally misleading terms in the contract that could not reasonably be expected to be understood by the average signatory), a mere drafting error is not enough to invalidate a contract. Even higher courts will follow that.

While ambiguities are typically construed against the drafting party, clear errors are almost always simply corrected by the court.

I won't speak to the OP's specific situation other than to say that if he's really intent on pursuing something, he needs to speak to an actual attorney who is licensed to practice in the OP's jurisdiction.

The legal advice a person gets on the internet is worth less than what you pay for it.

ZV
 
You must log in or register to reply here.

TRENDING THREADS

Back
Top