Reimbursement for training?

[CJane]

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

This is regarding a family friend.

Scenario is that the local plant is closing and all production moved to NC. Job offers in NC are generally not being made to local employees other than 5 people who have significant experience (6 yrs +) and who would act as supervisors in new facility.

This offer has been made to a friend. He is tempted to accept the position in NC, as a "just in case" thing, but continue seeking employment here in MO. The change of position would include/mandate several trips to NC @ company expense to assist with development of the new facility, training, etc.

If he accepts the position, the company pays for this travel, and then he later declines the position because he finds employment locally OR because he just decides that he can't move his whole family out to NC (son starting senior year of high school, own home here, family nearby, etc), can the company require reimbursement of travel/training expenses?

This is a non-contract, non-union position.

 

[CourtClerk]

Is there a relocation agreement?

 

[pattytx]

Or are you talking about the preparatory business trips before the transfer officially occurs.

Not legal advice, but I would not write off this transfer out of hand. 10% unemployment rate is not good and a lot of people have been out of work/underemployed for over a year.

 

[justalayman]

it sounds like the travel would simply be in due course of his activities to assist in developing the plant. From what you have stated, he is going there to work on these trips, correct?



think of it this way: if they paid for a taxi ride from his current home to his current location, would that be recoverable sans a prior agreement?

well, think of this as a really long taxi ride.

 

[eerelations]

Basically, if he signs an agreement saying he will repay X if he ends up doing Y, then he's on the hook for X - and if he tries to skip, they can sue him, and they will probably win. They can also talk about his (attempted) skipping to any prospective employer/background checker who might call them.

If he doesn't sign any agreements, then he's probably not on any hook. They might try to sue him, however, they may or may not win. They can still tell any prospective employer/background checker who might call them all about this.

 

[Beth3]

If he accepts the position, the company pays for this travel, and then he later declines the position because he finds employment locally OR because he just decides that he can't move his whole family out to NC (son starting senior year of high school, own home here, family nearby, etc), can the company require reimbursement of travel/training expenses?

Only if he signs an agreement in advance to do so.

 

[CJane]

Sorry, I realize I left out some (probably vital) info.

Local plant it not closing for 12 months (+/-).

If he accepts the "promotion", he'll have to take several trips to NC over the course of the next 12 months so that employees at NC plant can be trained. The reasoning is that there can be no downtime at all. The transfer of equipment/personnel/production must be seamless.

There will be no contract. He's simply been given a date that he must accept or decline the position before it's offered to someone else.

And while I'm not discounting the move entirely, I really cannot see it happening, even if he has to take a pay cut to stay here. HOWEVER, he's also very scared at the thought of NOT accepting the position and risking being unemployed at the end of this 12 month time frame.

 

[pattytx]

That's what I thought, that he would be conducting the training, not receiving it. Is that right?

Has the company actually proposed something like this? Gotta tell you, this would be a negotation issue if it were me. He would be travelling back and forth and they would expect reimbursement of business expenses if he doesn't stay the entire period? When HE is going to be working himself out of a job if he doesn't get transferred?

This is so off the wall I want to make sure I'm right before I offer some suggestions.

 

[CJane]

That's what I thought, that he would be conducting the training, not receiving it. Is that right?

Both, really. The facility currently in NC does a similar, but not the same, type of work. Look at it as if one plant (NC) manufactures goods and the other (KC) refurbishes the same goods when they require it. So, while he's very good at the refurbishing, he knows nothing about the manufacturing. He'd be both performing and receiving training.

Has the company actually proposed something like this? Gotta tell you, this would be a negotation issue if it were me. He would be travelling back and forth and they would expect reimbursement of business expenses if he doesn't stay the entire period? When HE is going to be working himself out of a job if he doesn't get transferred?

The company has not proposed this, he's simply "heard" that upper management is making it very clear to people who are considering the transfer that if they "accept" and then "back out" then the company will "come after" them for reimbursement of "investment in their professional future". No one seems to know what that means, but they're all assuming it means they'd get "billed" for the travel/time at the other plant. And yes, if he doesn't accept the promotion, he will absolutely be unemployed at the end of this 12 month time period (more like 10 months now).

This is so off the wall I want to make sure I'm right before I offer some suggestions.

Does that help?

Now, what I think is happening, is that some guy who thinks he's a bigshot with the company is trying to "scare" people into accepting the promotions/transfers and not backing out because that whole "seamless" thing that has to take place? It cannot take place at all unless there are at least 6 people with a specific number of years of experience in the "refurbishing" working at the NC plant the day the new line starts up.

 

[pattytx]

OK,then we have somewhat of a different issue, however, he cannot be required to pay back WAGES.

I'd wait to see what the conditions are before I went any further.