KiloAlpha

I was recently hired by a regional airline and assigned a class date in the end of June.

I talked to my current employer today and he is not going to let me out of my contract early (3 months). If I leave, he is going to sue me for the cost of training, lost company profits, a/c down time, et cetera. Regardless of if I win or lose the legal battle, I would probably still be left with $10k, $20k, (+), in legal fees; which I cannot afford.

So I have to tell the airline that I cannot make that class date (I haven't talked to them yet). Do you think they'll let me have a date in Sept; or just cancel my training / employment all together?

RJ85FO

Sorry to hear that you are in that situation.

First you need to be honest with yourself and recall what you sold the regional as an availability date when you interviewed. I am surprised that it didn't come up. If you discussed it with them previously, they should be able to accomodate your request not to attend this class. I doubt they will "guarantee" you a call in September though. If you told them that you could be available right way (maybe thinking you could get out of your current contract) you are in a tough spot.

Let us know what you advertised as availability to the regional and we can maybe advise you from there. I have a spouse that is pretty in tune to issues regarding labor and employment law if you know what I mean.

mike734

DO NOT PUT OFF THE CLASS DATE!

Did I get through? The training contract is probably not enforceable. Even if it is, they have to win a judgment to TRY and collect. Let them go to court. Believe me, they don't want to. Also, if the contract was for a year (for example) you will probably have to pay only three twelve’s of that. IF IF IF they win a judgment.

Don't even hire a lawyer. Study up a little and make your case if you go to court. How much is the total contract? $20,000? You might be required to pay $5000. But remember, you can't get blood from a turnip.

Be aggressive with these pricks. Training contracts are BS. I can make an argument that they amount to indentured servitude (slavery). How much did you make the first year? If you subtract the cost of the contract, you worked for free or below min wage.

Don't let this speed bump derail your career.

KiloAlpha

Can they try to collect lost profits and other stuff if I leave.. I know what you mean by blood from a turnip, but isn't it possible that my wages could be garnished.

HeavyDriver

If you signed a training contract you will have to prove that it was under distress...Now the avenue you might want to go is...Did this employer live up to the employment contract?...Is there anything that might have been questionable...If they threaten you..Threaten back...If you get anything from them that states "in our opinion" it means crap in court...I have been sued many times in my past business to know if you think you have to defend yourself...you already lost...I never lost in court...But I did have a lawyer on staff...They know the rules of litigation and rules of the court...All found online of course...Everything you do from now on with your current employer about this subject do in writting, so you have a record...Better yet...let them fire you...lol

rickair7777

I agree with Mike. However, if you got a regional job offer, then other regionals will be calling you soon, it always seems to work that way.

If this is not your dream airline job, then try to delay the class date. It is always adviseable to leave an employer on good terms if possible.

If you have to take the class date, then try to negotiate with the boss...a few thousand dollars is a small price to pay for not having a black mark in your employment history. Few potential employers would be very concerned with your leaving for a better job, but if the boss is vindictive (sounds like he might be) then he might poison future reference calls by commenting on things unrelated to your real reason for leaving...such as your poor flying skills and substance abuse habits....

I think that there isn't much chance of him suing you for business losses unless you are an independent contractor and your contract stated that you would work for a period of time and perform certain defined tasks. Are you an employee or a contractor? I'm pretty sure you're an employee. Most training contracts don't require you to stay or do anything in particular, they just say that if you choose to leave early you will repay some training costs.

Also, training contracts are usually considered to be coercive if you were offered a job, quit your old job, and then were forced to sign a contract as a condition of hire. Did they provide a copy of the training contract to you before you quit your old job?

If you have to go to battle with this guy, you should talk to an employment attorney to determine your exact contractual situation. Many shady employers (including certain airlines) have you sign contracts that they know are not enforceable in court just to have ammo to intimidate you.

mike734

No they can't collect for lost profits. Come on! In all practical matter, this will be negotiated away. No airline wants to devote the resources to FIND you, sue you and try to collect from you. They have no power to collect from your wages. They will probably withhold from your last paycheck (illegally) and you will have to sue them to see that money.
You need to do some real research on your rights when you owe someone. It is much harder to collect than you believe. Also I don't believe your contract is legal because of "consideration." Look it up because I don't really know what I talking about here. I just would be surprised if these types of contracts are enforceable.

iflyjets4food

Not that it matters, but who did you get your regional job with?

mike734

Dont say. From now on, Don't share with anyone you don't know/trust.
(No offence ment Iflyforfood)

iflyjets4food

I understand I guess. Don't share until you are out of the woods on your contract biz. I remember reading that you were interviewing for ***** and I think maybe ***. Best of luck to you wherever you are going, and I hope the contract thing comes out well for you.