Question about Non-Compete Agreement

[anttutt]

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


I had previously worked for a car dealership as a technician. They signed me up for some classes that I had to take and made me sign a non-compete agreement. The pay here was not very high and this past weekend I found out I was going to be a father for the first time. My previous boss had called me out of the blue and offered me my old job back which I had accepted due to the higher pay. Now my question is I didn't notice before on the non compete agreement that it said I had to reimburse them for my pay I received while at training. Is that even legal? I don't mind paying the travel, lodging, and training expenses. But for me to pay back my salary while there seems unethical.

 

[cbg]

There's a reason I'm asking this.

Who said you had to take the classes? Was this a requirement of your employer, or were these required classes for a certificate or licensing requirement that was necessary for your position?

 

[anttutt]

My service manager wanted me to become a transmission technician because they do not currently have one. In order for them to accept certain transmission work they needed me to become certified in transmissions which is done through the classroom training. He put me on a fast track and wanted me to complete a certain amount of training that I had to complete in a specific time frame. After completion of the classes I am certified to do the transmission repairs at any Ford dealer in the nation, although I am no longer working at a dealer and am now at an independent repair shop.

 

[eerelations]

More clarification is needed. Is this certification required by state or federal law? Or is it just required by Ford?

 

[cbg]

Ouch. I truly don't know which way it would go in that case.

Here's the reason I am asking.

Training that is required by the employer MUST be paid time. Training that is required by the state MAY be paid time.

In your case, the training classes were required for your certification, but it was at your employer's behest that you were becoming certified. I can absolutely see this one going either way.

What I would strongly recommend is that you take copies of all the relevant documents to an employment law attorney in your state, who can review that and determine if they are enforceable. But I would also call the US DOL (NOT, in this case, the state DOL) and run the situation past them.

ETA: What eerelations said, too. I may have jumped the gun a bit.

 

[anttutt]

Just by Ford.

 

[cbg]

We were cross posting. I did jump the gun. Good work, ee.

In that case, I'm going with MUST be paid time and he cannot require that you repay him for your training time.

 

[eerelations]

Good work, ee.

Thanks. My previous employer required all kinds of in-house "certification" for different jobs (you were barely allowed to go to the bathroom there without first getting certified to do so), so I notice this stuff perhaps more than most.

 

[anttutt]

Thank you both. I appreciate the help in this matter.