Training agreement

[reagantrooper]

Soc

I reside in NH, I actully work in VT, my company is based in PA. I have been with this company for 8 years. My company needs me to go to a 10 day service school that will benifit my company as well myself .

They want/require me to sign a training agreement that contains the following paragraphs.

13.   The direct cost of this training is being paid entirely by ******.  Due to the significant investment being made by ****** at this time, the technician agrees that should he/she leave our employment for any reason other than termination or lay-off initiated by ****** within one (1) year of the date of completion of this training, the technician will reimburse ****** for the full cost of the training and associated expenses that were paid by ******.  The technician agrees to permit ****** to withhold this reimbursement from any unpaid wages, vacation pay or un-reimbursed expenses due the technician at the time of his/her departure.               YES/NO   
 
14.   If the individual requesting training does not complete the one (1) year employment rule, the full cost of the training and associated expenses will be required to be paid in full and will not be pro-rated.

15.By placing your signature below, the individual receiving training has read and understands all of the above.

1. Is this a legaly binding contract?

2.Would it be enforcable?

3. Can a company withhold ones pay for the above reasons or for any reason?

4.Do these words "for the full cost of the training and associated expenses that were paid by"  include the pay I recieve while at this school?

5. Would you sign a contract that contained this wording.

Thanks a bunch!

[socrateaser]

>Soc
>
>I reside in NH, I actully work in VT, my company is based in
>PA. I have been with this company for 8 years. My company
>needs me to go to a 10 day service school that will benifit my
>company as well myself .
>
>They want/require me to sign a training agreement that
>contains the following paragraphs.
>
>13.   The direct cost of this training is being paid entirely by
>******.  Due to the significant investment being made by
>****** at this time, the technician agrees that should he/she
>leave our employment for any reason other than termination or
>lay-off initiated by ****** within one (1) year of the date of
>completion of this training, the technician will reimburse
>****** for the full cost of the training and associated
>expenses that were paid by ******.  The technician agrees to
>permit ****** to withhold this reimbursement from any unpaid
>wages, vacation pay or un-reimbursed expenses due the
>technician at the time of his/her departure.               YES/NO   
>  
>14.   If the individual requesting training does not complete
>the one (1) year employment rule, the full cost of the
>training and associated expenses will be required to be paid
>in full and will not be pro-rated.
>
>15.By placing your signature below, the individual receiving
>training has read and understands all of the above.
>
>1. Is this a legaly binding contract?

Probably, Yes.

>
>2.Would it be enforcable?

Probably, yes. You could argue that the employer placed you under undue influence, because the implication was that if you refused to sign the reimbursement agreement, you would be terminated.

>3. Can a company withhold ones pay for the above reasons or
>for any reason?

Yes.

>
>4.Do these words "for the full cost of the training and
>associated expenses that were paid by"  include the pay I
>recieve while at this school?

Probably, No, but if if you question it, then modify the contract to exclude your pay as an "associated expense."

>
>5. Would you sign a contract that contained this wording.

Well, that sort of depends on how badly I needed the work, and whether or not I thought I could negotiate the deal. The facts state that you are being "required" to take the training, and simultaneously being "required" to agree to reimburse your employer if you quit and take the value of that training elsewhere.

The question is: will you be terminated or demoted if you refuse to sign the agreement, but agree to accept the training?

If I thought I had some leverage in my position, then I would just tell the employer that I'll be happy to accept the required training, but that I won't agree to reimburse under the demanded agreement.

Then it would be up to the employer to determine whether the training was worth the risk of losing the employee.

There is another tactic that you could take. Frequently, managers are given contracts written by their legal counsel and they are not permitted to consider the implications of those contracts. People generally believe that a printed contract is non negotiable, when in reality, everything is always negotiable.

So, you could simply line out the sections that you don't agree to and then sign the modified agreement, and then wait and see how your manager responds to it.

You could also just inadvertantly forget to sign the document and not return it to your manager.

I don't know the environment in which you work or how important this training is to your maintaining competence. So, there are lots of little issues here for which I just can't weigh the relative importance.

Anyway, I've given you some options -- now it's up to you.