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Old 09-21-2007 | 05:53 AM
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Default Training Contract

I have recently resigned from a position that requires me to pay a training contract. I have heard that these "contracts" are not enforceable. Anyone out there have any advice?

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Old 09-21-2007 | 06:03 AM
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most of them are enforced.

Which company... how long was your contract and how long were you there before you left.

You'll probably be able to find someone who was in your same spot if you give us the details...
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Old 09-21-2007 | 07:59 AM
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Originally Posted by UnlimitedAkro
most of them are enforced.

Which company... how long was your contract and how long were you there before you left.

You'll probably be able to find someone who was in your same spot if you give us the details...
Unenforceable. The only people who pay these are just scared into it. Once, a long time ago, someone tried to enforce one on me. I told them if they wanted the money that they could come to my house and try to get it. They didn't (that was smart of them). Training contracts also also do not qualify as any kind of consumer installment loan, or financing vehicle= won't affect your credit. 1. It will cost them more to actually sue you than it's worth. 2. Historically, the courts have refused to enforce these(employers know this) "training contracts", for the simple reason that it is a form of indentured servitude (which is not entirely legal). 3. You are not a customer, you are an employee. Employees get paid to go to work, not visa versa.
Do yourself and everyone in this industry a favor -don't pay them.
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Old 09-21-2007 | 08:03 AM
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Originally Posted by x183
Unenforceable. The only people who pay these are just scared into it. Once, a long time ago, someone tried to enforce one on me. I told them if they wanted the money that they could come to my house and try to get it. They didn't (that was smart of them). Training contracts also also do not qualify as any kind of consumer installment loan, or financing vehicle= won't affect your credit. 1. It will cost them more to actually sue you than it's worth. 2. Historically, the courts have refused to enforce these(employers know this) "training contracts", for the simple reason that it is a form of indentured servitude (which is not entirely legal). 3. You are not a customer, you are an employee. Employees get paid to go to work, not visa versa.
Do yourself and everyone in this industry a favor -don't pay them.
Looks like it depends on the company... I know someone who went to court and lost.
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Old 09-21-2007 | 09:28 AM
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Originally Posted by UnlimitedAkro
Looks like it depends on the company... I know someone who went to court and lost.

As do I.

My suggestion- consult an attorney that is familiar with the employment laws OF YOUR STATE. (Or in this case the state in which you are employed). Some states are more employer centered, others are more employee centered.

Personally, I think that if you signed a contract, you should honor it. (End all be all, IMO, the only thing that we have left to be proud of in this profession is our own personal ethics and intergrity).

I do know that when I consider a candidate, I'm going to research if they have broken a contract in the past without properly terminating the contract. (not difficult to find out by conducting a simple background/reference check with former employers). If they have, it's a no go.

If I want a candidate that is under a contract, it's not unreasonable for me to pay their share/freedom in order to obtain the proper individual.
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