Company wants me to pay to leave!

reptilian

I'll try and keep this short, i was going to explain the whole situation but there's no need.

Basically my manager wants me to sign an agreement that says if i leave the company within a certain time period i have to pay back a percentage of my course costs.

I wouldn't usually have a problem with it as I've signed one before however, my hours have been cut down to less than 20 a week so i'm obviously looking for another job!

The agreement says if i leave within 2 months i pay 100% for the costs, 75% at 4 months, 50% in 6 months and 25% within 8 months.

And part of the blurb

"I the undersigned agree to the terms above and in the event that i cannot attend or terminate my employment with the Company within the specified timescales, agree to the payments stated. I agree that the any costs incurred will be deducted from my pay."

I left the mistakes in on purpose because that's how it was written.

It then wants a signature from me and my manager.

Does this have any legal ground or not? He's basically forcing me out of work with rubbish hours (not really his fault) but asking me to pay if i leave!

Help!

McKneff

Could you look for another part time job so you would be actually working full time hours over the week.

reptilian

Possibly, I've applied for more work but I've heard nothing so far. To be honest the sooner i'm away from that company the better. I used to be happy there until a new manager took over. We clash and other team members dislike him but i'm the only one who stand up and say something so he's making my life a misery!

marybelle01

Well if you don't sign, then they won't give you the course costs. So unless they have already paid you won't get the costs, and if they have already paid then they can't make you sign retrospectively.

duchy

What course is it ?
Have you already started it?
Have they paid for it yet ?

If you've already started it -I think it could be argued it's unreasonable to add conditions now

Could you decline to do the course due to uncertainty with your hours -perhaps agree to sign the wretched thing if they give you X hours a month ?

How useful is this course to you -Is it an essential for your career - Could you do it yourself via distance learning cheaper for example ?

prowla

I have heard of this before, but it seems wrong to me.
If the company trains you then it's not a perk or free beer to you; it's part of their requirements.
I would not sign that agreement.

Googlewhacker

prowla wrote: »

I have heard of this before, but it seems wrong to me.
If the company trains you then it's not a perk or free beer to you; it's part of their requirements.
I would not sign that agreement.

A very basic over view. The training could be part of the initial contract, the training may not be neccersary for the company but as part of trying to help employees they pay for it etc

Many reasons why a company would pay for it and expect it to be paid back if the employee left so soon after.

As Marybelle said though, if the training has already been completed then don't sign

browneyedbazzi

A lot of organisations require people to pay back training costs where they have funded a course and the person leaves shortly after. Often it's not even a case of singing a particular form to agree to it but embedded in the contract of employment. The idea is that the employer gets to see some of the benefit of the learning that they have paid for before you leave. If you jump ship shortly after they've paid for you to get a qualification then you pay the costs back. I think it's perfectly fair.

It's unreasonable to expect an employer to fork out for you to get a qualification (and improve your CV and chance of securing other employment) with no benefit to the them. If these clauses weren't enforceable then employers would be much less likely to pay for employees to gain qualifications.

McKneff

Its not quite clear as to whether you have done this course already or not.

If you have then the company should have got you to sign the agreement before it started.

If you have, then just refuse to sign it and see what happens.

ohreally

Is the course, personal development or a requirement for the employers benefit to enable you to do their job?

reptilian wrote: »

The agreement says if i leave within 2 months i pay 100% for the costs, 75% at 4 months, 50% in 6 months and 25% within 8 months

Argue these figures were put to you when working the original hours - to ensure moral integrity they need to be pro-rated to your current hours/ earnings!

Russe11

Its the risks of being an employer, staff come and go whether they have invested in staff training or not, sounds like they want win win situations... don't sign anything.