Employer Invoiced Me for My Travel and Training

[russell662]

My question involves employment and labor law for the state of: Texas or Mississippi or Tennessee. I live in Mississippi. I accepted a position with a Texas company in their Tennessee office. I traveled to their corporate office in Texas for a week of training. After two days into the training I determined them to be somewhat of a shady operation, so flew home. After I got home I emailed them and told them "I didn't think I was the best candidate etc...". two weeks later I received in the mail a paycheck for those 2 days ($600) and an invoice for my air, hotel and 2 days of training ($2100). There is nothing in any of the paper work that indicates under any circumstance the employee (me) could be responsible for the these costs. Even if they hadn't invoiced me I would have sent the check back. Any ideas?

[antrc170]

I would send the $600 check back and issue a letter stating that you are not going to reimburse any expenses because the company failed to inform you of such an obligation. It doesn't mean that they can't or won't sue you though.

[PattyPA]

Why would the OP send the check back? The employer is required by law to pay for training.

If there was no such agreement to repay under these circumstances, I'd just tell them that you didn't agree to do so. If they want to sue, let them; I think your chances would be better than 50/50 to prevail.

[antrc170]

I would send it back if I didn't need the money as a preemptive strike. If the company decides to sue with no notification to him about reimbursment, plus he sent back the wages, it can help show the company to be vindictive. I know that being vindictive isnt' against the law, but judges and juries do take it into account.

[PattyPA]

That's not advisable. And if the company were smart, they would send it right back to the OP. Or put it in the "escheat drawer". An employee MUST be paid for time worked. Only thing that would happen is, after a certain period of time, these wages must be escheated to the state. What is sending it back going to prove?

These are two totally separate issues and they should not be co-mingled.

OP, you WERE being treated as an employee, right? Were there taxes withheld from this payment?

[russell662]

That's not advisable. And if the company were smart, they would send it right back to the OP. Or put it in the "escheat drawer". An employee MUST be paid for time worked. Only thing that would happen is, after a certain period of time, these wages must be escheated to the state. What is sending it back going to prove?

These are two totally separate issues and they should not be co-mingled.

OP, you WERE being treated as an employee, right? Were there taxes withheld from this payment?

Yes, I was treated as an employee and taxes were withheld.

Could they be using the check as some means of executing or activating a non-compete? I am still with the employer I had intended on leaving in order to go to work for them. We are not in the same industry, so that doesn't really concern me. I was just wondering if by cashing the check I'm causing "something" to happen that could work against me. I really don't have a problem sending the check back, however, I do have a problem paying their ridiculous invoice.

[PattyPA]

The check is nothing more than wages for time worked. You prove nothing by sending it back. All that does is mean the state will get the funds at some point and then you'll have to jump through hoops to get it from them. Sending it back buys you nothing.

If you had a noncompete that you breached, see an attorney. You were an employee, whether you cash the paycheck or not. Cashing it does not invoke the noncompete; being an employee does.

[russell662]

Thank you all very much for your input!