pay back training money if resign from job

real_484

hi there

Bit of a story with this one. My company sponsored some training for me. I signed a contact to say I would pay this back in the event I left within two years of the course completion. I wanted to try and find out the legal position if i leave my job and don't pay this back.

I think I am screwed and have to pay it back, but wanted to see legally if i have any options?

rick_fantastic

you have to pay it back.

they will probably hold onto you wages and any holiday pay aswell if you dont make any arrangement with them before leaving.

growler

real_484 wrote: »

hi there

Bit of a story with this one. My company sponsored some training for me. I signed a contact to say I would pay this back in the event I left within two years of the course completion. I wanted to try and find out the legal position if i leave my job and don't pay this back.

I think I am screwed and have to pay it back, but wanted to see legally if i have any options?

you've signed a contract to agree to pay back the training costs , so you have to pay back the training costs, simple.

you're hardly being screwed unless the training was not relevant to your job.

Babooshka

rick_fantastic wrote: »

you have to pay it back.

they will probably hold onto you wages and any holiday pay aswell if you dont make any arrangement with them before leaving.

+1

A piece of paper you sign for your employer which is on your file is as good as a legally binding contract, it's a written agreement and stands to their favour, you have stated that you will pay them back, and now are going against your word, so they could take you to court. But it's hassle so unless you owe them thousands, they would probably just hold any pay due and tell your next employer if they telephone looking for a reference. They aren't "allowed" to technically, but you can't get proof of what is said over the phone on a verbal reference. Not a good move and not worth holding off paying them, I don't think.

snellers

I can't quiet understand why you would feel 'screwed' ....the company have valued you as an employee and provided by the sounds of your post fairly substantial funding to further your skills. IMO I find it fair and reasonable to expect you to work 2 years with them without incurring the costs (some companies I have worked at expected much longer).

We hear a lot on these forums of 'bad companies' abusing their positions...etc - in this instance they were fair with you, be fair with them and cough up the cash........

Nody

Babooshka wrote: »

and tell your next employer if they telephone looking for a reference. They aren't "allowed" to technically, but you can't get proof of what is said over the phone on a verbal reference.

They are very much allowed to tell that and in writing as well if they feel like it. The only requirement is that they can factually back up their claim and that it is not slander.

DenMan

Hi OP

It is a legally binding contract signed by both parties. By the way how long do you have to go until you complete your two years there? Do you really want to leave now or can you wait it out and then if you want to, leave. Those are your options. You could also leave now and face the prospect of being footed a large bill for your training allowance. Your call.

Heisenberg.

This post has been deleted.

Babooshka

Nody wrote: »

They are very much allowed to tell that and in writing as well if they feel like it. The only requirement is that they can factually back up their claim and that it is not slander.

Soz you're probably more accurate than me actually, it's only classed as character deffamation or libel if it's hearsay or personal opinion as opposed to fact. I was just looking at it from the scenario that if they stopped the money out of OP's last payment, then OP has fulfilled his part of it (albeit under duress) so they'd have no legal case against him and therefore it would be irrelevant / not a legal issue any more, but maybe you're closer to the mark, that one would need closer inspection, but in the scenario he ran off and didn't pay them, yes you'd be completely right.

cronos

Hi OP

I dont for one minute suggest you do the following but what would happen if you were to be terminated. Does this still mean you would have to pay back the training expenses.

I by no means would approve this course of action and I also dont even think it would work. However im always interested in trying to find loopholes in things.

hunnymonster

The money will have to be paid. One option, if you are changing to a different company is to ask them to pay the costs. I know several people who have made this a component of new contracts in financial and scientific jobs.

RoryW

Legally you have to pay the money back

Legally they cannot withhold the money from your wages (unless you have signed an agreement to allow them to deduct the money from your wages) as only statutory deductions and those authorised by you can be deducted from your wages

Lesson in life, do not sign anything you dont understand and if you enter a contract be aware that it is binding on both sides.

They were bound to pay for the course. You are now bound to pay the money back as you have decided to leave.

Check to see if any tax relief can be claimed on the fees

mountainyman

You should make this hypothetical and post it over in Legal Advice. This is not 1860 and any contract between you and your employer is NOT necessarily legally binding.

You should ring the Labor Relations Commission.

What would have happened if you had refused training?