Contract signed to receive job training

[Midoriya]

I'm in Georgia.
I've worked for my employer for 3 years and they had me sign a contract (notarized) in June in order to receive external training in the form of a 10-week course. The contract said that I agreed to work for them for a full year upon completion of the course or otherwise pay them back about $4,000 for the total cost of the course.
Well, I've found better employment elsewhere. And they're trying to find a way to make their contract work for me. They suggested I could pay them back in monthly payments, or I could work contract for them until it's paid off...in any event, it would mean signing yet another contract to their terms.

First of all, I know now that signing that first contract was not smart. Hindsight.

I've been told by a few people that technically a contract like this wouldn't hold up in court and isn't quite legal, which is why I'm posting this here. Is it legal for them to require I pay them back for job-specific training?

I also want to note I have a great relationship with them right now and I would hate to have to tarnish that relationship with a debate over this contract. But I realize that they're looking out for their interests, so I should look out for mine.

 

[quincy]

I'm in Georgia.
I've worked for my employer for 3 years and they had me sign a contract (notarized) in June in order to receive external training in the form of a 10-week course. The contract said that I agreed to work for them for a full year upon completion of the course or otherwise pay them back about $4,000 for the total cost of the course.
Well, I've found better employment elsewhere. And they're trying to find a way to make their contract work for me. They suggested I could pay them back in monthly payments, or I could work contract for them until it's paid off...in any event, it would mean signing yet another contract to their terms.

First of all, I know now that signing that first contract was not smart. Hindsight.

I've been told by a few people that technically a contract like this wouldn't hold up in court and isn't quite legal, which is why I'm posting this here. Is it legal for them to require I pay them back for job-specific training?

I also want to note I have a great relationship with them right now and I would hate to have to tarnish that relationship with a debate over this contract. But I realize that they're looking out for their interests, so I should look out for mine.

The few people you talked to who said the contract you signed was not legal are probably wrong. An agreement to pay for the training you receive if you terminate your employment within a year can be legally binding and enforceable.

That said, you should have the entire contract you signed personally reviewed by an attorney in your area to see if the offers made by the employer are reasonable.

Good luck.

 

[Midoriya]

Thank you for your response! I appreciate your time.

What I'm most worried about is that they seem to want me to work "contract" for them, but not get paid. I'd be working at an hourly rate to pay back what they paid for the training. Is that, specifically, legal? Or should they be paying me which should fulfill the "work for us" portion of the contract.
The contract did not specify what kind of work, hours, or rate.

 

[eerelations]

I've been told by a few people that technically a contract like this wouldn't hold up in court and isn't quite legal, which is why I'm posting this here. Is it legal for them to require I pay them back for job-specific training?

Contracts like this are not only usually enforceable, they are also quite common.

Finally, you should keep in mind that there are no laws prohibiting your current employer from telling your prospective employer (and anyone else, for that matter) that you're trying to break your contract with them.

 

[PayrollHRGuy]

Thank you for your response! I appreciate your time.

What I'm most worried about is that they seem to want me to work "contract" for them, but not get paid. I'd be working at an hourly rate to pay back what they paid for the training. Is that, specifically, legal? Or should they be paying me which should fulfill the "work for us" portion of the contract.
The contract did not specify what kind of work, hours, or rate.

Working "contract" for them may not be legal. But the agreement for you to pay them back likely is.

 

[eerelations]

Thank you for your response! I appreciate your time.

What I'm most worried about is that they seem to want me to work "contract" for them, but not get paid. I'd be working at an hourly rate to pay back what they paid for the training. Is that, specifically, legal? Or should they be paying me which should fulfill the "work for us" portion of the contract.
The contract did not specify what kind of work, hours, or rate.

I suspect this part isn't legal. First, if you're categorized legally as an employee, they can't suddenly decide you're an IC. That would be illegal.

Second, they must pay you at least minimum wage for all the work you perform for them. The law requires that.

What they can do legally (and if you agree to it) is offer to pay you some rate higher than minimum wage, give you the minimum wage, and put the remaining amount towards repayment of the tuition fees.

 

[quincy]

Thank you for your response! I appreciate your time.

What I'm most worried about is that they seem to want me to work "contract" for them, but not get paid. I'd be working at an hourly rate to pay back what they paid for the training. Is that, specifically, legal? Or should they be paying me which should fulfill the "work for us" portion of the contract.
The contract did not specify what kind of work, hours, or rate.

What sounds most reasonable is to work out a payment plan with the employer, to reimburse the employer for the training costs, this after ensuring that the contract you signed about training costs is enforceable as written.

 

[Midoriya]

Okay, just got a copy of the original contract.
It reads:

Employer agrees to incur the cost of $3,750 for the course listed below to support the Employee's professional development. Employee agrees to work commitment of 1 year following completion of the course. In the event the work commitment is not met, then Employee agrees to reimburse Employer for the full cost of the course.

Course: Front-End Web Development Remote (Online) from Turesday, June , 2019 to Tuesday August 13, 2019

By signing below, both the Employee and Employer confirm this agreement.

I signed and the CFO signed.


Is this enforceable as written? At the very least, it's very vague as to the kind of work commitment.

 

[quincy]

Okay, just got a copy of the original contract.
It reads:

Employer agrees to incur the cost of $3,750 for the course listed below to support the Employee's professional development. Employee agrees to work commitment of 1 year following completion of the course. In the event the work commitment is not met, then Employee agrees to reimburse Employer for the full cost of the course.

Course: Front-End Web Development Remote (Online) from Turesday, June , 2019 to Tuesday August 13, 2019

By signing below, both the Employee and Employer confirm this agreement.

I signed and the CFO signed.


Is this enforceable as written? At the very least, it's very vague as to the kind of work commitment.

Sounds enforceable to me. The terms are clear and unambiguous.

 

[Zigner]

Okay, just got a copy of the original contract.
It reads:

Employer agrees to incur the cost of $3,750 for the course listed below to support the Employee's professional development. Employee agrees to work commitment of 1 year following completion of the course. In the event the work commitment is not met, then Employee agrees to reimburse Employer for the full cost of the course.

Course: Front-End Web Development Remote (Online) from Turesday, June , 2019 to Tuesday August 13, 2019

By signing below, both the Employee and Employer confirm this agreement.

I signed and the CFO signed.


Is this enforceable as written? At the very least, it's very vague as to the kind of work commitment.

Contract review (ie: "Is this enforceable as written?") is beyond the scope of this forum. Please consult with a local attorney.

 

[quincy]

Contract review (ie: "Is this enforceable as written?") is beyond the scope of this forum. Please consult with a local attorney.

I agree. My opinion was only that. An opinion from an anonymous online stranger.

The contract should be personally reviewed by an attorney licensed to practice in your own jurisdiction.

 

[Midoriya]

Thank you for your opinions and advice! It is much appreciated.

 

[quincy]

Thank you for your opinions and advice! It is much appreciated.

We all appreciate the thanks, Midoriya, so thank you.

Good luck.