Training Agreement

MGCP

How would you feel if your employer tried to use contractual semantics to get out of an agreement to pay you money. Not so good? They probably wouldn't be the sort of employer you would want to work for.

Well, its exactly the same for them. You should also proceed on the assumption that anything you do now will get back to your new employer (even if the current one doesn't have to provide a formal reference, these things have a habit of coming back to haunt you!). Would you really want the new employer to think you couldn't be trusted to abide by the terms of a signed agreement?

Advice above is sound. Ask if you might be allowed to spread the cost, and show good faith by offering as much money in advance as you are able to reduce their risk. Don't be surprised if they say no though, if they think there is any chance you might not pay (not an unreasonable assumption given your post above) I'm sure they would rather get all the money now than have to chase you up through the courts.

SarEl

confused86 wrote: »

My questions are:

1. All the way through the agreement it states that I have to pay the fee back if i leave within 6 months of COMPLETING the course....I have not completed it yet, I graduate in August. Do I have to pay it back?

2. It refers to 'the completion date above' but no date was entered. They dont have any record of my end date. Again do I still have to pay them back?

3. Are they entilted to take all of my wage this month or would this be deemed unreasonable as I will be left with nothing to pay my bills or live on?

The legal position is:

1) Yes.

2) Yes

3) Yes

Sorry, but training agreements are old hat in employment law and this one is entirely valid. "Reasonable" or "unreasonable" doesn't come into it. They stipulated this as a deduction (as well as a debt in civil law if not repaid from wages) and so it is entirely lawful to make that deduction, even if it leaves you with nothing. In fact, this agreement is rather generous - many, and by far the majority, last longer than 6 months after the completion of the course. It was always an option to you to not seek alternative employment until six months after you completed the course. As things stand you haven't even completed it, so the employer has had no benefit from the training they paid for. I am afraid you are stuck with this, and the only way you can get out of them taking the whole amount from your wages is, as someone else has suggested, by mutual agreement with the employer.