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

