Originally Posted by
tallow
State law or contract language cannot violate US Law. In that case they are unenforceable.
Thirteenth Amendment:
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
When you sign the contract for your training an indenture is created for the period of time specified in the contract. This kind of contract was made illegal by the Thirteenth Amendment. That is why no airline has ever tried to take someone to court over this because they have good attorneys that know it is ultimately unenforceable.
So, moral issues aside, they can't force repayment through legal means. Now, they can report it as a bad debt, they can constantly harass you according to the Fair Credit Reporting Act, and future employers may look unfavorably on it if they pull your credit report or you tell them what you did. But, they can't force you to pay it back.
Maybe you should research the 13th Amendment a little more. Maybe look in a dictionary??? Did you apply to AW and then interview - was that by choice? Did anyone force you to go to work for AW? You weren’t kidnapped and forced into being a pilot? Anyone force you to sign the contract? No...? I didn’t think so!
Involuntary servitude is just that - being forced to work against your will. I’m not a lawyer, but I’d bet with my rudimentary knowledge alone I’d win this case against you in court.
Airlines have taken people to court and won multiple times for this exact thing!
Another example - if you attend military flight training - you incur a commitment for X amount of years.
Military doctor has his/her student loans paid for by the government and then are required to stay in military for 10 years... if they choose to leave, they must repay what the government paid.
This is all standard practice with tons of case law. If you go to court, you will most likely loose - then be sued for court costs and lawyer fees.
I wouldn’t roll the dice.
Now, if you were fired, then you shouldn’t have to pay it back.
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