employment contract

Ohoopee

Ok so here is the situation. My employer is has been sending me to do a college coarse and in turn, they are paying the tuition of the college offering the coarse. Now I signed a contract stating that if I dropped out, failed, or left employment of the employer, that I would have to repay them everything they have paid. But recently, we had to get a certification as PART of one of the modueles...as in it was manditory. But my employer refused to pay it even though it was manditory...simply stating that they are not paying for any extras. Now to make matters worse, I am not being paid while I am in college which lasts for four weeks (fives days a week) per semester. So basically I am having to pay a fee to teh college as part of my moduel even though I am not getting any income and the fee is required.

My question is this. Does this constitute a break in the contract for my employer? They have failed to pay for the coarse in full as the contract states...even though this fee is not added to the tuition, it is still required for teh coarse. Could I therefore break the employment contract and go somewhere else without recourse?

lifeandtimes

You need to speak to an employment solicitor

Subtle

This thread might be better listed in Work and Jobs forum?

Have sympathy for employer in that this certification is an extra cost that they had not budgeted for when committing to pay for OP's college costs. Not sure though which side is to blame for that oversight.

However, sounds like OP is really half looking for an excuse to get out of original contract and part ways with current employer, but without reimbersing employer for college costs.

Personally, the saying involving having and eating cake comes to mind... But there may be more to it than OP has yet posted.

Ohoopee

You are partially right Subtle. I am having buyers remorse so to speak. When I agreed to do this coarse, I thought my employeer would be a lot more supportive than wt they are....I also didn't realize that the coarse would be 4 weeks at a time and that I would be without almost any income for four weeks...twice a year. Basically, I am having to use my Holidays just to make it which means I can't take any time off for anything all this year or next year. But there has been other things that have happened as well that have nothing to do with the course. I want to quit...I want to find another job and I have other takers, ones who are willing to help me pay for the course and continue. Basically the only thing keeping me with the currant employeer is the course and knowing I'll have to pay them back. The Funny thing is, the contract doesn't tie me to them at all after I finish the course...only while the course is going on so as soon as I finish the course, my contract is null and void anyway and I am free to move without paying them. But I think it would be better for all involved if I moved now. One I am not happy and 2 they will not have to finish paying for me to attend the course when I am not going to stay with them afterwards anyway. If this is a breach of the contract by them then maybe, just maybe I could get out of it. It's not that I want to cheat them but I can't afford to pay them back...especually after the last four weeks of not working hardly any hours. I wouldn't have don't the course to begin with if I had to pay. But if I didn't at least attend the certification class and take the certification test (which I passed by the way) then I would fail the moduel. Yet they refuse to pay..and yet my contract states that if I fail the moduel, I also have to pay them back. So to me, they should have had to pay this....it probably depends on how a judge looks at it I suppose. At the end of the day, it was not a lot of money. If was $75 american for the certification so around 65 Euro which is not a lot of money to them...but is for me since I havne't been getting paid much of anything over the last four weeks...and even though I am not getting paid, the dole office will not give me help because it was an arrangement between myself and my employer. So I feel like I am stuck which is why I am trying to find a way out. I am not a kid who can move in with my mum and ask her for financial help. I have rent, car payments, and other bills...I just can't afford to do it. I had this same talk with my employeer and was basically told that if I wanted out of the course, I had to pay them back the 1500 Euro they have already paid for me....which I can't do either.

Tokyo

[mod]

Moved to Work Problems. Please note that their charter now applies.

Subtle

Ok, sorry if I jumped the gun a bit. I was coming at it from the point of view that maybe you personally wanted to do the course in the first place and got your employer to agree to pay for it. But it's seeming that it actually was 100% your employer now who wanted you to do the course in the first place. Plus you went from earning a wage every week to possibly earning nothing as all funds from your employer went towards the course - sounds like a rough deal..

I know it's hard to appreciate just now, but the amounts of money involved will probably seem small in the long term. On the other hand, you could stick it out on principle so that you're not left any more out of pocket. But that would only be an option if you didn't have long left in the course...

In any case, I'd definately recommend finishing the course now that you've made sacrifices and invested your time into it.

runawaybishop

Ohoopee wrote: »

My question is this. Does this constitute a break in the contract for my employer? They have failed to pay for the coarse in full as the contract states...even though this fee is not added to the tuition, it is still required for teh coarse. Could I therefore break the employment contract and go somewhere else without recourse?
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I want to quit...I want to find another job and I have other takers, ones who are willing to help me pay for the course and continue.

Quit your job, you don't owe them anything. Not only is it highly unlikely they will come after you for the course fees it appears they didn't fulfill their end when they agreed to fund all the fees. Not only that but you have another offer lined up that has agreed to allow you to continue the course.