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  1. #1

    Unhappy Do I Have to Pay My Employer if I Breach My Employment Contract

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

    This is my first time posting here so I apologize in advance if I haven't posted in the right sub-section of the forums. I have a question regarding my employment contract. As a bit of background I work for a small tech company.

    The contract has a clause which indicates that I should pay the company a sum of $1X,000 for all internal training, training on the job and other training received if I quit my job before 3 years of service. I was wondering if this an enforceable by law? I haven't been sent for any formal training and its absurd that they've slapped such a ridiculous $$ amount for training on the job which I imagine happens at most work places.

    I realize that I shouldn't have signed this contract but when I did a year back I was desperate for a job and there weren't too many opportunities. I'm now looking to move on but this continues to hold me back.

    I'll look forward to hearing the thoughts of the members here.

    Thanks!

  2. #2
    Join Date
    Jan 2006
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    Default Re: Do I Have to Pay My Employer if I Breach My Employment Contract

    I realize that I shouldn't have signed this contract but when I did a year back I was desperate for a job and there weren't too many opportunities. I'm now looking to move on but this continues to hold me back.
    It appears they have figured out a way to circumvent the use of a non-compete agreement, which isn't allowed in California.

    Unless you have a lot of money to defend your claim it shouldn't be enforceable, I suggest you simply wait it out.


    Beyond that, the specifics of the contract and situation are relevant. As such, I suggest you take your contract to an attorney who can read it and determine if it is enforceable in your case.

  3. #3

    Default Re: Do I Have to Pay My Employer if I Breach My Employment Contract

    Thanks!

    I would have honored the contract but the environment at my workplace has gone from bad to worse. They know they have us (a bunch of employees have this clause in their contract) bound to them. I've been approached by several other companies and I can't see myself waiting it out.

    I'll talk to an attorney and see what advice I can get.

  4. #4
    Join Date
    Jan 2006
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    Default Re: Do I Have to Pay My Employer if I Breach My Employment Contract

    I've been approached by several other companies and I can't see myself waiting it out.
    so, your intent is to use the education and training you obtained from this company to move on to another company. That is exactly what the contract is designed to address. Now it sounds like you will make up excuses to quit.


    If your place of employment is so offensive you cannot work there, that is an issue but you are obviously acting in response to receiving offers of employment from competing employers. You might want to investigate if the employer has sued people in the past. If they have, from what you have described, I would expect them to sue you as well.

  5. #5
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    Default Re: Do I Have to Pay My Employer if I Breach My Employment Contract

    Speaking very broadly, employers may at times permissibly require that employees reimburse them for advanced training costs necessary to obtain licenses or certifications required by law in order for the employee to hold a position, but generally may not seek reimbursement for training that the employer requires that the employee obtain as a condition of employment. If the employer offers a tuition or training cost reimbursement program, to encourage employees to voluntarily expand their skills, the employer may set reasonable terms in advance that require participating employees to repay costs under specified circumstances.
    Quote Quoting andjustice4all
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    The contract has a clause which indicates that I should pay the company a sum of $1X,000 for all internal training, training on the job and other training received if I quit my job before 3 years of service.
    Did you or did not receive training? What type of training? Did the training received contribute to your getting a license, certification, degree, etc.? If you did, is the amount claimed arbitrary, or is it the actual or reasonable cost of the training you received? Is the amount you must repay fixed, or does it decrease over the course of the term of employment (e.g., training costs $30,000; after one year you repay $20K, after two years $10K, and after three years $0)?

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