Hi All,

Recently took a position where there was a non-compete and training payback clause, which I signed.

To put it simply, I was lied to about the characteristics of the job, my role, our responsibilities, training, etc...

Further, I don't like my bosses, their methods, deceit, and energy.

Everyone I work with is in total agreement (which is scary).

This leads me to the point...if I quit must I repay training as I have heard it is not required by law in Delaware. The training costs were related to airfare, hotel, and per diem abroad. The training was a joke, my current in-house training is a joke, and the companies leadership is a joke. They actually refuse for me to train at work and expect me to do it only at home. There is a learning curve in the industry but I was told I'd have a 4 to 10 month training period, first 4 months extensive, weening after that. However, I find no such thing. Anyway, their attitudes toward staff and clients are disruptive and I'd rather not work for them despite representing a top quality product. This is a sales position.

It doesn't matter whether it's required by the law of the state. It is still possible for you to have to repay whether the state requires it or not. It depends on whether the wording of the agreement you signed is legally enforceable. There is no reason, based on what you have posted, to assume that it is not enforceable.

You will have to show the entire agreement to a Delaware attorney.

If I leave voluntarily the paper I signed says I agree to sign a promissary note.

This is something that you will definitely need a lawyer's assistance on.

If the terms are binding, then it's very possible that you would be responsible for payback of training expenses (per your agreement). Additionally please be very careful to not compromise your non-compete. If the agreement is binding, there could be additional sanctions on top of the training payback.

As a point of clarification:
It is not unlawful to deduct the training expenses from your final pay (if a signed agreement exists)[http://www.delawareworks.com/industrialaffairs/services/LaborLawEnforcementInfo.shtml#ll1].

Rob,

Was looking for a link like you provided. Further, I don't mind to have my last paycheck deducted. I am not out to not fulfill any agreement I may have signed. However, they are constantly out to renig on any understanding they provided, on any explanation they prefer to change, etc, etc...

You see everything that I was told I'd be provided I wasn't.
Further they have done everything from steal my sales (the last being worth $900 to my paycheck) to placing non-sales related work on my plate, and are talking about renigging on the territory and market that I was supposed to have (and have currently brought back to life). All at their discression, as they like, without discussion and further negotiation.

In talking with the longest lasting employee (3 years) there they have averaged a turnover of 1 person a month, that would make an organizational turnover of 3 to 1. In other words we have less than 12 employees and the organization has been turned over three times in 3 years.

As relates to my performance I am on mark to triple my sales quota this month. I may be able to pay the entire sales training from my last checque but will not pay a penny more if required. Don't even mind if we have to go to court and will inform fully foreign ownership of what goes on at the organization if they push me.

It would not be in their interest were they to push me as I have a photographic memory, a very sharp intellect, and the memory of an elephant. Further, I have the emails of each of their superiors (straight to the president and export manager) and would explain what is going wrong, give examples, and explain how present US management is limiting the growth of this truly superb line of products.

It's so strange, and having talked with a former employee who left without paying the training payback, the leadership is so inept and mediocre themselves that they feel at jeopardy when there are those who are successful under them. They work against you to sustain their own positions
(not that I have any interest in their positions).

With all this being said, my biggest gripe is that after they have the money of the customers they treat them as adversaries. I myself am committed to better. Better products, better service, honesty, hard-work, and doing what I said. Were they to do what they said and then I left then I would do what I said. But they haven't and I won't even if it costs me legal fees when losing in court. Frankly, former employees have told me that they just use the payback to dangle over your head as they don't really have a grasp of how to manage short of arbitrary and punitive measures.

Funny, but several of my clients, have said to me, "XXX, Let me ask you a question, what the hell are you doing working for XXXX", and I respond, as I told my employers at interview that, "I was interested in learning the industry". Learned it alone and without their assistance which has been detrimental for all. Interestingly, I have been offered other positions in related but different non-competing industries, end-users, rather than competitors. Finally, I have a background in sales, training, management, and entrepreneurship and am committed to doing what I say I will, what I was told I would do, rather than treat those who are paying my salary, my customers, as adversaries once their money is in my pocket. I am results oriented and will not stifle that for the poor preferences of an inept management team.

Truly, they don't want to mess with me.

Your post sound suspiciously as if you are looking at saying, either forgive my training expenses or I will...

If that is the case, I suggest you look up the word, extortion, in the dictionary.

Live up to the word that you stated during the time leading up to my employ and I will live up to the bargain I made under those pretenses. Frankly, I am at twice my quota and there is still two weeks to go. I like what I do. However, I don't like being lied to. I don't like arbitrary management. I don't like the manner in which you speak to me, my clients, and my co-workers. They may be beholden to you for one reason or another (bills, family, you have their money, etc...). I, on the other hand, am not,... have no debt, have assets, abilities, a brain, and my honor. When you speak, speak the truth and have it be firm. Do not change your mind willy nilly and expect no one to stand up to you. I will as I have something worth more than money, my integrity. Now, if your heavy-handed tactics have worked, continue to work with others, another, make no mistake with me. I am not the same. I told you what I wanted, it seems then you would tell me what I wanted to hear. Well, I am sorry, I have more respect for myself then take this lying down. As you play hard ball, I can play it as well, perhaps more well. Plain and simple. No more, no less. I am more, by nature, Mr Rogers than Clint Eastwood. But with me, you get what you give with honor and integrity.

36 staff in 36 months....hmmmm.....I wonder why? Rather, you may wonder, and I have the experience of it......ex-tort-ion....perhaps we have different dictionaries, there are so many, the beauty of language and words is that they evolve, as have I where I "move" away from being an object of their arbitray ab-use.

Your expertise is much appreciated, my mores will prevail in how I react to their acts.

Fine. But don't come crying to us when the inevitable results of trying to blackmail your employer come back to haunt you.

First, extortion would be me threatening....either you do X or I do Y....

I will never say if not X then I will do Y
I will do Y if they do not do X

I will not threaten to do it, will not say I might, will simply do Y if they do not do X.

Last time I checked that wouldn't be extortion as I am not offering an option.

Actually as an employee of a subsidiary of the parent company, and having met the President of the parent company, in all good faith I should have a duty to them as they grow market share in the US, I should do Y.

I am not extorting anyone, simply stating the fact of what will occur, there is nothing illegal in what I will do.

BTW.....X.....is simply that they live to the words that they had spoken upon my recruitment.

Oh yeah, they have been ignoring laws related to my employment status which will further be reported to appropriate bodies, ie the Labor Board. The funny thing is they are so ignorant as to not even understand their flagrant violations; unfortunately for them, I do. Again, there will be no force or coercion on my part, will simply do it if....

Can't you see that I am just not allowing myself to be treated in a fashion that they have become accustomed to treating others as if we are living in a factory town, and they own the factory. THey don't own the factory, and
I don't live in that town. I live where my word is bond where yours is as well. You break yours, and I am free of mine. Whether or not the law will support me, and what evidence I need to prove, due to the complexity of each specific portion of the "law" is why I am here. From the experience of others to the provision of fact, not creation of it to make me "win". I don't care if I win as long as I don't lose something dearer, my self-respect.

Anyway, am on track to easily cover my losses from the money I am due.

Rob...perhaps from my anger and vitrol you see malice...none, simply anger and vitrol for others who perceive that they can do as they like without consideration for the humanity of others and the bond that is an agreement. It would truly be different if what they had told me in the beginning was true, which it has never been.

You are playing word games.

If you require and action or inaction from your previous employer in exchange for your action or inaction that would lead to criminal prosecution and/or liability, that could be construed as extortion.

You owe the money, pay it. Move on.

And this is very off point.

Regardless of your personal beliefs about your employer, the requirement to repay for training is possible. The answer will depend on the enforceability of your agreement. You need to discuss this with an attorney.

Arguing about semantics of wordplay is futile.