Forced to pay training fee with no hours worked?

[notmyj]

What is the name of your state (only U.S. law)?
Pennsylvania

Writing this for my other half.

She was a teacher in a daycare/early education center (not a public school, no union, etc), privately owned. Employment began mid year 2012. On 11-18-2012 an emergency C-section was performed and our son was born 6weeks early (healthy, just teeny tiny). Employer was aware of pregnancy and that maternity leave will be taken. Maternity leave was taken effective 11-19-2012.

During the past couple months we have been looking at options for her to return to work as it is not feasable for her to return, finacially. Even with her employee discount, child care would still be more than what she would make. Thus she has found other employment as a nanny with a family that is ok with her bringing our son to their house. So with this, she sends in her two week notice via email to the owners. The following is their response:

Stated below is your Employee Handbook, Sections 3S: Employee Training, and 3T: Resignation. This is what you signed. It reads as follows:



3S: Employee Training

We believe that training is an integral part of professional development. Accordingly, the Goddard training sessions held throughout the year are mandatory. We share the cost of the training with each employee.



Currently, the annual employee�s training cost is $500 for full time employees. You become obligated to pay this amount on the later of January 1st of each year or your first day of employment if you are hired after January 1st of that same year and will be payroll deducted. The $500 is not collected by the School, however, until December 31st of each year, unless employment is terminated. Additionally, this cost is waived if:



� You remain employed through December 31st of the applicable year;

� You resigned during the year, but provided us with at least four weeks notice before your last day and otherwise complied with all employment requirements; or

� You were discharged by School management



3T: Resignation

The Goddard School requests at least 2 weeks written notice prior to last day from all employees. If an employee does not provide advance notice as requested, the employee will be considered ineligible for rehire, and any benefits, vacation, sick and personal days accrued. If an employee takes advantage of the childcare benefits and has a balance at the time of termination, the balance will be deducted from the employee�s final check.



Because small children typically can be very fragile emotionally, we prefer a minimum of a four week notice to allow for a smooth transition of new employees into the classroom environment, and the annual training fee will be waived if you do so (referring to full time employees (Section 3S)).





Also, your replacement was only a �temporary� replacement, leaving your room upon your return. It was planned, and announced, that she was to start in another classroom, on February 18.

Jen talked with you while you were here about your start date on Feb. 18, (your 2nd visit), which you confirmed. She also texted you this Monday reiterating your start date. She texted you (and not called you) because this is how you have corresponded with us from the beginning of your leave.



At this point, please plan on coming back to work February 18-21 to forego the $500 training fee. Let us know if you have any questions.

She has provided over 3 weeks of notice so they want her to work 4 days to cover the 4 week requirement, this wouldn't work as she is due to start at the other family's in two weeks. However, can they hold her to the $500 training fee since she has not worked a single hour in 2013? Her position was filled and trained prior to the C-section, and her spot is currently filled so there is no vacancy or shortage of employees. Would there be a defense based on that fact? As there is no "final" paycheck due, they would have to resort to a collection company to collect the debt, or file suit. If they filed suit would the argument that they have nothing invested in her this year be solid even though she signed the book? Do these kinds of statements hold any water in PA?

Anything you folks can offer would be great! Thank you! Dave and Miss

 

[Zigner]

What is the name of your state (only U.S. law)?
Pennsylvania

Writing this for my other half.

She was a teacher in a daycare/early education center (not a public school, no union, etc), privately owned. Employment began mid year 2012. On 11-18-2012 an emergency C-section was performed and our son was born 6weeks early (healthy, just teeny tiny). Employer was aware of pregnancy and that maternity leave will be taken. Maternity leave was taken effective 11-19-2012.

During the past couple months we have been looking at options for her to return to work as it is not feasable for her to return, finacially. Even with her employee discount, child care would still be more than what she would make. Thus she has found other employment as a nanny with a family that is ok with her bringing our son to their house. So with this, she sends in her two week notice via email to the owners. The following is their response:




She has provided over 3 weeks of notice so they want her to work 4 days to cover the 4 week requirement, this wouldn't work as she is due to start at the other family's in two weeks. However, can they hold her to the $500 training fee since she has not worked a single hour in 2013? Would there be a defense based on that fact? As there is no "final" paycheck due, they would have to resort to a collection company to collect the debt, or file suit. If they filed suit would the argument that they have nothing invested in her this year be solid even though she signed the book? Do these kinds of statements hold any water in PA?

Anything you folks can offer would be great! Thank you! Dave and Miss

Is this the $500 that was due from 2012? If so, then it seems clear that she owes it.

 

[LdiJ]

Is this the $500 that was due from 2012? If so, then it seems clear that she owes it.

I am not sure that I agree Zig. I think that the OP should get a quick consult with a local attorney before giving in to this demand. Making an employee pay for mandatory training may be in violation of the law.

 

[notmyj]

Is this the $500 that was due from 2012? If so, then it seems clear that she owes it.

No, the $500 from 2012 is no longer due as she was employed through the end of 2012, even if she was on maternity leave. This is the first exception to the $500 that they listed in the above quote. They are trying to collect the $500 training fee for 2013 of which she worked 0 hrs year to date nor received any training.

 

[swalsh411]

They can't ask her to pay for something she never received. I would tell them to bugger off and leave her alone. She was never in a paid status in 2013. They will lose if they sue.

The entire $500 training free sounds fishy. What sort of training is this? Are they actual, structured, courses the employee has to take? It sounds like nothing more then a penalty for giving less than 4 weeks notice which is totally illegal.