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-   -   Breaking Training Contract Help (https://www.airlinepilotforums.com/aviation-law/115333-breaking-training-contract-help.html)

JohnBurke 07-27-2018 09:05 AM


Originally Posted by BtownPilot (Post 2643414)
It was suppose to be 18 months as their post said. after turning down 4 other jobs and spending the money to move for the job, they slapped a 2.5 year contract. I had no choice but to sign because I would be out of a job, and spent the money saved for the move. training was fast, was a type rating and I got off IOE 2nd trip. They also guaranteed at 1500 for upgrade which didn't happen. thats why I do not want to stay for those reasons. Also the hires just before me had a 20-25k contract they gave me a 53K contract. Last day of contract balance - 25K and first page of contracts states the employee balance is due on last day of contract' which never happens but they could potentially still request that.

I am at 1 year now. Currently with offers to Regionals.

Your basis for breaking the contract is that it wasn't what the advertisement said?

What the ad said is irrelevant. What you signed is relevant. Very, very relevant. It's a legal document and you signed it.

What the new-hires before you had for a contract is irrelevant. They signed it. Not you. What you signed is relevant. Very, very relevant. It's a legal document, and you signed it.

You're asking legal questions and talking very generally. When you write that "they also guaranteed at 1500 hours for upgrade," what do you mean?

You really think that you should be automatically upgraded, regardless of need, your skill or ability or aptitude for the position? Does your contract guarantee in writing that at 1,500 hours, come hell or high water, no matter what may happen or no matter the company needs or your skill, proficiency, ability, or fitness for the job, you'll be upgraded, without exception? If so, that's some guarantee.

Does the contract say that you'll be eligible for upgrade after 1,500 hours?

Did you know about the contract before you quit your job, pulled up stakes, and moved? Would it not have been a wise idea to review the contract BEFORE making a commitment of that magnitude?

You didn't like the contract, but you signed it. You got what you wanted. You got your type rating (which has value and a cost attached) and you don't want to give the service to which you agreed. Your position is that you haven't been upgraded and that an advertisement indicated you'd have a shorter contract, neither of which are particularly relevant to the issue of you having signed the contract.

You're asking the legalities here, so be specific.
What does the contract spell out for upgrade?
What are the terms of the contract?
Is the contract pro-rated?
Does the contract stipulate separation conditions? Under what conditions can you separate? What conditions can the company cause you to separate, and what does the contract stipulate for each?

It's very hard to understand what you're attempting to say...but it sounds like you suggested that after the completion of your contract, you're expected to pay out 25,000. I find that very difficult to believe, which suggests that either you've being too vague and imprecise in your description, or you really don't know what the terms of the contract are.

Have you approached the company about release from your contract?

Excargodog 07-27-2018 01:05 PM


Originally Posted by BtownPilot (Post 2643414)
It was suppose to be 18 months as their post said. after turning down 4 other jobs and spending the money to move for the job, they slapped a 2.5 year contract. I had no choice but to sign because I would be out of a job,...

Yes. You DID have a choice. You could have sued THEM for breach of contract, but you CHOSE to accept the contract revision.

Look, they took advantage of your naïveté, not getting what you believe to have been the original offer signed before you made the move, and that may be reprehensible, but YOU are going to be the one losing big time if they tell future employers you reneged on a contract that you signed.

Unless there is a safety issue involved, either pay off your contract or serve your contractual obligation. Either way, learn from this.

galaxy flyer 07-27-2018 02:19 PM

I signed one for two years at my last position, prorated by the year. I kinda laughed at it, thinking I could probably get a new employer to buy it out or the new salary would pay it. I didn’t plan on leaving anyway and I didn’t. Yes, you might get a new employer to buy it out IF they get the benefit, i.e. they need a typed pilot.

Years later, now Chief Pilot, I had a Pilot who signed one for a Global TR. After a year, he wanted to leave, which I understood considering all the factors. Now, about that contract. I pushed tearing it up with the Boss, who while sympathetic, was insisting on payment. I spoke with the new employer and asked for them to pay it. After all, they wanted a typed and experienced pilot and would be paying about half the cost of buying one. No dice there, they weren’t the sharpest managers around, either. I told my guy, here’s a payment deal, sign over the amount owed out of your first year’s bonus and done. Also, in my humblest opinion, you’re making a mistake from what I can see. Deal done, payment made, he can’t stand the job and leaves.

Be careful what what you wish for, you might get it.

GF

BTW: nobody, anywhere is guaranteed an upgrade to PIC—you earn it with ability and professional skills. One of which is integrity.

TiredSoul 07-27-2018 02:56 PM

True story time:

Once upon a time in a galaxy far and far away I flew with a captain who applied and applied and applied across the universe but rarely got an interview and never got hired.
Rumor was this pilot was radioactive.
So I googled the name......:
Top hit was a Facebook page of the individual and second hit was

“Captain Solo vs DeathStar Airlines”......and the lawsuit was lost.

Any HR department across the MilkyWay came across this info about 3 sec after receiving a resume.
This Captain will be stuck till the end of times flying a pirate ship for Scumbag Air.

I served my promised year and got into the escape capsule.
True story.

Times are good now, very good.
When famine comes back around again and airlines can go back to cherry picking this stuff will come back and haunt you.
Trust me I’ve seen it.

galaxy flyer 07-27-2018 03:10 PM

You can probably get a job nowadays that would pay the bond to get a rated 135-current Pilot.

GF

JamesNoBrakes 07-27-2018 08:10 PM

Well, you could add up all the time you were performing services for the company and on property and send them a bill for time you were working and not paid...

TiredSoul 07-27-2018 08:48 PM

Without any corroborating evidence that would be hard to prove.

JohnBurke 07-28-2018 08:30 AM


Originally Posted by Excargodog (Post 2643623)
Yes. You DID have a choice. You could have sued THEM for breach of contract, but you CHOSE to accept the contract revision.

Not a chance. No contract existed to breach. If you're asserting that the advertisement represented a contract, or the invitation to move or job offer represented a verbal (or other) contract, you'd have a very hard time making that stick.

The only tangible contract is the one the original poster signed. Any other implied duty would be a legal battle that he'd be very unlikely to win.

BtownPilot 07-29-2018 12:23 AM

I will try to negotiate paying for the type rating that’s for sure. I’m going to see what we can work out that’s the plan. But we’ll see what they say. Hopefully they will work with me I also brought them multiple pilots to help them. Hopefully they take that into consideration. Yes it was my choice at the end of the day but had to sign in distress as I turned down multiple offers and spent money to come here thinking it’s what they told me and they switched it all when I got here. I would have been couple thousands loss and no job if I didn’t agree.

I’m not trying to be that guy that doesn’t care and just wants to blow off a contract but what they did was wrong like a bait and switch and I did bring it up at first but they said “well that’s what it is” type answer.

No there’s not much proof except the posting on their website even 4 months after I was hired their new posting still kept saying 18 months but when people came, 2.5 years.

JohnBurke 07-29-2018 06:36 AM

How long have you been working for this company?


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