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Old 12-07-2013, 10:29 AM
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Default Training Contracts?

Anyone with info on how enforceable training contracts are?
Leaving a part 135 operation.
Thanks
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Old 12-07-2013, 12:21 PM
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They are not enforceable.
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Old 12-07-2013, 12:55 PM
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Originally Posted by Packrat View Post
They are not enforceable.
And this is based upon what?
Contract law differs from state to state, it would be wise to consult with an attorney specializing in contract law.

Years back, I read in one of the aviation magazines that the big box flight schools were having difficulty enforcing their flight training contracts. At the base of the problem was the fact that the contracts were highly skewed to protect the flight schools. This skewing of protection resulted in the contracts not being enforceable since the basis of a contract is to protect BOTH parties. So the answer to the OP's question is - It depends.
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Old 12-07-2013, 02:30 PM
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My 135 company came after me for $2316. This after I never once called in sick, didn't use my vacation the first year, and was always available even on days off. Oh by the way as long as you are a FO at this company your pay never changed ($21,500.00 a year).
You think I'm gonna pay them back?


**** NO!!!!!!!!
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Old 12-07-2013, 03:21 PM
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Originally Posted by Packrat View Post
They are not enforceable.
This is far to simplistic an answer for the legal intricacies involved in my opinion.

Originally Posted by MIADC8 View Post
My 135 company came after me for $2316. This after I never once called in sick, didn't use my vacation the first year, and was always available even on days off.
'Came after [you]' in what way?
A letter asking you pay the amount or actual legal proceedings?
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Old 12-07-2013, 03:49 PM
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They are not enforceable. That's why MIADC8 hasn't been dragged into small claims court.
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Old 12-07-2013, 04:12 PM
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Originally Posted by Packrat View Post
They are not enforceable. That's why MIADC8 hasn't been dragged into small claims court.
Not being dragged into court means absolutely nothing as to whether a contract is enforceable or not.
The cost of pursuing a claim can easily cost more than the claim is worth.
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Old 12-07-2013, 04:22 PM
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Originally Posted by Packrat View Post
They are not enforceable. That's why MIADC8 hasn't been dragged into small claims court.
You're prior military aren't you?
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Old 12-07-2013, 07:00 PM
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Friend of mine left a 135 before his contract was up. VP got really mad at him but actually said "We don't even pay you enough for you to reimburse us back, so go ahead"...YMMV
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Old 12-07-2013, 07:13 PM
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Originally Posted by Packrat View Post
They are not enforceable...
Why not? If you signed it and it is a legally well-written contract, and most of them are written by company lawyers mind you, it is at the very least enforceable to the extent that defense will be expensive and if it is a well written, solid contract- and it is not that hard to write one- then you are going to lose no matter what lawyer you get. It is total folly to sign any pilot training contract period, end stop. Never do this.

Money buys justice, and legal defense is not a battle the average pilot can afford. If you break your training contract or get fired, even if it is a weak one, and if the company then sues you, the first thing that will happen is you have to retain a defense lawyer to represent you in county court and that counsel will say sure, send me $3000 to get me started, sure we will win. That will happen again about three times before a hearing date is determined, and $20,000 later you may win the case, but you will have shelled out $25,000 before you even get to go before the judge hoping the judge sees your side. There is also a (likely) possibility he or she will decide only partially in your favor, if at all, in which case you get maybe a few grand awarded for all your money to the lawyer. The chances of actually winning back all your costs are slim and you will NEVER get back your frustration and lost time.

Don't do it, never sign a pilot training contract. It is too weak a legal position to put yourself in. If by some human weakness you do sign one, at least have it read to you by a contract lawyer who can explain how hard it is going to be to defend against a breach of contract claim before signing. If you do that, I guarantee you will not sign it.

Last edited by Cubdriver; 12-07-2013 at 07:29 PM.
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