Buyout of a work contract

[Muzzy]

My spouse is a network administrator at his company. His employer paid for him to become a Microsoft Certified Engineer. In return he had to sign a 2 year work contract. In that contract there is a buyout cause that allows him to leave early if he pays $15,000 ($10,000 for the certification and $5,000 for company to hire his replacement). He has honored 15/24 months of the contract and wants to leave. Can his company force him to repay the full $15,000?

 

[buddy2bear]

When he originally signed that contract, he never even thought about that 24 months did he? He just signed because he was happy that someone else would be footing the bill for his education and certification. Unfortunately, I do not see a way he can "get out of it" because a contract is usually a contract. An offer was made and accepted. Consideration was given in exchange for something, with payback terms fully explained and reasonable. Unless there is a prorata clause on the payback, he will have to work that 24 month period, pay the money, or approach his employer to see if he can modify the terms, which is doubtful. I am not a lawyer, but I have seen people like you with these contracts. If you want to be doubly sure of what I say, then see an employment/labor attorney, but by the time you fight this, you will end up spending that $10-15K as well as the time period going by, so it would be better to just "sit it out" and the next time, watch what you are signing.