Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Arizona Labor Law -Training Reimbursement Agreement

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Arizona Labor Law -Training Reimbursement Agreement

    Hello,

    In order to be legally recurrent to fly a business jet, I had to go training. Two days after I started training I received a Training Reimbursement Agreement Employment Offer Addendum.
    The company stated in the agreement that I would have to pay for all the training and associated expenses, if I did not work a full 12 months for them. They would however prorate for the months I did serve.

    Now I have been offered a position with a major airline and want to move on.

    Can they legally enforce this agreement?

    If I did not go to the training, I would have been illegal to fly their plane and everyone has to go thru training.

    Appreciate any advice,

    JohnDoesDad

  • #2
    Generally when there is a signed contract or signed agreement involved, it is always best to take it to an employment or contract attorney in the area for review & advice.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      We cannot interpret the enforceability of an agreement we have not read in full.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        That's why we tell you to take it to a lawyer - sometimes "the devil is in the details."
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Agreed with all of the other answers. I can give you a general answer, not specific to your situation (or contract law per se).

          Lets say that Bob has a credential. If the credential is specific to the employer, and the employer is requiring that the credential become current, then it is hours worked under FLSA. Under FLSA the unreimbursed expense is subject to the "free and clear" rule only for minimum wage and paid overtime. And in CA only there would be CLC 2802 implications for any unreimbursed expenses.

          HOWEVER, if we are talking something a credential that Bob had before being hired, will still have after being terminated, and the people requiring the credential being maintained is the government, then the employer has no inherent liability under federal law (FLSA) and the law of most/all states to pay for either related hours or expense. Good examples are nursing or automobile lisences and likely would include pilot credentials.

          Now all of this is outside contract law. Any contract law answer is always "take it to an attorney who will have to actually read it".

          Not your question, but a smart employer would give you a loan and condentially forgive it. It does not make your situation a sure thing for you, but it makes it iffier then was necessary for the employer.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X