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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default I Am Being Penalized for Terms of Old Contract with New Management Company

    My question involves employment and labor law for the state of: Florida

    Hello,

    Not sure if I'm in the right section, but here goes.

    I am a yacht captain and the Owners of the yacht have it managed by a management company. Last year, the management of the yacht was moved to another management company and they used the same, identical contract. When that changed, I was not presented with a new contract, they in fact just used the old contract, changed the letterhead, etc. But I never signed anything with the new management company.

    Now that I have resigned, I am being penalized for terms in the original contract . After expecting a payout of around $12,000 I am now owing $4200 due to training costs required for my job at the time.

    Here is the excerpt:

    Training:
    (a) At the discretion of the Owner, on-going training courses may be paid by the vessel under the following circumstances:
    i. The crew member has completed 12 months of consecutive employment;
    ii. Prior approval is granted from both the Master and the Owner for both the costs involved and time required to complete the training;
    iii. The crew member's position requires specialized training for operation of specific equipment onboard the vessel (i.e.a recompression chamber); or,
    iv. The training is yacht-related and will serve to advance one's professional skills or position on board the vessel (i.e. advanced navigational courses such as OOW. or advanced chef or silver service courses);
    (b) If the above conditions are met, the vessel agrees to reimburse the crew member for course fees, and economy air fare, upon production of the original receipts on the one year's anniversary of the completion of the course, provided the crew member is still employed by the vessel.
    (c) The crew member will continue to receive his 1 her regular salary during said training.
    (d) Exceptions to any of !he above will be granted only with the express permission of the Owner and/or Master.
    (e) Training shall be scheduled during approved leave or down times on the vessel. i.e. yard periods, or at such times as deemed acceptable by the Master.

    It is part (b) that concerns me as I didn't have a new contract to begin with, the old contract should have expired with the departure from that company.

    Any advice?

    Thanks,
    Greg

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: I Am Being Penalized for Terms of Old Contract with New Management Company

    The fact that a company sells part of its operations to another company does not, of itself, void any contracts. Most contracts can be assigned and, once that happens, will continue to be enforceable by the new company. Unless something in your employment contract prohibits them from doing so, there's no reason they cannot assign your employment contract to the new company as part of the sale of certain of its assets and operations.

    I am not seeing what part of clause (b) requires you to pay money, as opposed to being ineligible for the reimbursement of expenses you incur while obtaining the described training.

    If you want to determine if there's something in the contract that would allow you to recover your expenses without completing a year of subsequent service, or might otherwise affect the respective rights and responsibilities of the two companies, you can have the entire contract reviewed by an employment lawyer in your state.

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