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Training Contract Reimbursement

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smearriam

Junior Member
What is the name of your state? NY


I signed a 2 training contract as a pilot. I was already a fully certified commercial pilot but as an ordinary practice we have to get trained for each different type of aircraft flown (jet aircraft). Which is a cost generally paid for by the owner of the aircraft/company.

The contact was pro-rated per month and I fulfilled just over one year of the contract.

There were several aspects of the job that did not mesh with what I was led to believe when hired (unfortunatley none of which was documented). Such as expected pay raises,and my actual duties. (I was under the impression I would be hired as a "captain" but turned out to be a "co-pilot". Which if I would have known this I would have never accepted the job.)

However, I did find another job that was going to be a career job that would provide a very good future so I accepted that job. So I informed the former job that I could no longer be a "full time" pilot BUT because of the number of days off I would have that I could easily still remain "part-time".( they did have another part time pilot there!) I also stated in a letter that I was open for more discussion of this and to negotiate terms of being part-time. I received no response, and one day at work they called me into the office, handed me the contract I had signed, asked how I would repay, and then collected my ID's, cell phone, and Company Credit Card.

My thoughts are that I never resigned, nor did I ever sign a resignation letter. And there was nothing in the contract pertaining to having to be "full time" or even what full time meant. (we were on call and I probably averaged 12 days of work a month, which I was more than willing to offer them, only that it would be days that I could work) So my belief is that I was terminated because I couldn't be on call everyday of the month. I am still willing to work part-time and this a common thing among pilots to be able to fly for more than one company (excluding airlines).

Do I have a valid arguement that I never wanted to resign just to go part time? Like another pilot was.

Thanks.What is the name of your state?
 


Beth3

Senior Member
My thoughts are that I never resigned, nor did I ever sign a resignation letter. When you advised your employer that you would no longer be available on the terms under which you were hired, you resigned.

What you're really asking is someone to comment on the enforceability of a contract no one has seen. You need to show the document to a local attorney.
 

smearriam

Junior Member
I agree about showing it to a local attorney. From looking at it it seems to be a pretty ordinary contract that I've seen for sale on the internet, or as a template.

Would it matter that there were no terms about availibility in the contract? (It didn't state # of days available, weekends, M-F etc..) the only # of days off were those required by the FAA. I'm hoping that by showing that I only worked 10-12 days a month on average, AND that I was still going to be offering the same or more available days of potential work, there may be a way to use the "part time" avenue as a defense against this. We did have that one guy who went from full time to part time without any problems. I don't see why me wanting to go part time was any different. My other co-worker had signed the same original contract. And then re-negotiated his deal to be just M-Th. I was hoping to also re-negotiate, not resign?

Also I forgot to mention...the contract does not state the amount of time for repayment. During my meeting they said they wanted the money in a year (almost a 1K a month, which I told them flat out would not be possible) and the papers I just got served stated now that they may collect interest ( like they gave me a loan) None of this was in the contract nor ever discussed. Is it legal for them to arbitrarily assign an interest amount that I have not even heard of or agreed upon.

Thanks again.
 

smearriam

Junior Member
I am under the impression that reimbursement for training contracts are enforceable, but are they Iron Clad?

It is not a lengthy or very detailed contract. Just states about being employed 2 years, that the money would be pro-rated (however it doesn't actually put a dollar amount in the contract!!) And it states that if any part of the contract is null or void the remaining sections would stand.

Does not give a length for re-payment.

Does not stimulate full time or "must be avaiable "x" number of days. Just be an employee.
 

Beth3

Senior Member
smearian, what you are seeking (and what you need) is specific legal advice. That is beyond the scope of a board such as this. You need to show the document to an attorney.
 

smearriam

Junior Member
OK thanks>>>Thats what I'll do as soon as I get home...I wasn't sure if anybody on this board had maybe gone through a similar situation. But I see what your saying, each situation is different.

Just as a last question. Would you happen to have any idea what a lawyer may cost for something of this nature? I've heard maybe around $1500.00 or so..

Thanks
 

Beth3

Senior Member
Sorry. I don't have a clue. Chances are the person you need to see bills in the area of $200 - $250/hour if that helps you any.
 

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