Training Expense Contracts - Legal?
#1
On Reserve
Thread Starter
Joined APC: Sep 2016
Posts: 23
Training Expense Contracts - Legal?
I've had several discussions with Mesa pilots about required contracts to reimburse the employer for costs associated for training, be it for the ATP, initial type rating or training in other aircraft types. Thought the following would be of interest to those unsure if the contract is enforceable or illegal. While not a final ruling it appears the pilot is responsible for the costs associated with the ATP rating but perhaps not the type rating.
CAN AN EMPLOYER STILL REQUIRE A PILOT TO REIMBURSE IT FOR FLIGHT TRAINING IF THE PILOT TAKES ANOTHER JOB? | Aerlex
CAN AN EMPLOYER STILL REQUIRE A PILOT TO REIMBURSE IT FOR FLIGHT TRAINING IF THE PILOT TAKES ANOTHER JOB? | Aerlex
#2
Gets Weekends Off
Joined APC: May 2014
Posts: 279
I've had several discussions with Mesa pilots about required contracts to reimburse the employer for costs associated for training, be it for the ATP, initial type rating or training in other aircraft types. Thought the following would be of interest to those unsure if the contract is enforceable or illegal. While not a final ruling it appears the pilot is responsible for the costs associated with the ATP rating but perhaps not the type rating.
CAN AN EMPLOYER STILL REQUIRE A PILOT TO REIMBURSE IT FOR FLIGHT TRAINING IF THE PILOT TAKES ANOTHER JOB? | Aerlex
CAN AN EMPLOYER STILL REQUIRE A PILOT TO REIMBURSE IT FOR FLIGHT TRAINING IF THE PILOT TAKES ANOTHER JOB? | Aerlex
Look up the term Contract of Adhesion on Google and you will see if these contracts are enforceable.
#4
Maybe not in California.
But the real burden of a training contract on the pilot is not whether he can win at the supreme court, it's whether it's worth the time and expense of a legal defense.
Also most significantly... do you really want a lawsuit on record (permanently searchable online) documenting your failure to fulfill an agreement with a previous aviation employer? I bet the majors would just love that...
The threat of the lawsuit is the deterrent, not so much actually losing and having to pay it back.
Best just to never sign a contract unless you're certain that's it's in YOUR best interests to stay for the duration of said contract. You'll have to do your homework.
I signed a contract once...with the Navy. 30 years later, no real regrets (YMMV).
But the real burden of a training contract on the pilot is not whether he can win at the supreme court, it's whether it's worth the time and expense of a legal defense.
Also most significantly... do you really want a lawsuit on record (permanently searchable online) documenting your failure to fulfill an agreement with a previous aviation employer? I bet the majors would just love that...
The threat of the lawsuit is the deterrent, not so much actually losing and having to pay it back.
Best just to never sign a contract unless you're certain that's it's in YOUR best interests to stay for the duration of said contract. You'll have to do your homework.
I signed a contract once...with the Navy. 30 years later, no real regrets (YMMV).
#5
On Reserve
Thread Starter
Joined APC: Sep 2016
Posts: 23
I googled and didn't see anything conclusive....just speculative. Do you have anything using contract of adhesion in court ruling outcomes relative to required and manditory training costs associated with a condition of employement?
#6
On Reserve
Thread Starter
Joined APC: Sep 2016
Posts: 23
Maybe not in California.
But the real burden of a training contract on the pilot is not whether he can win at the supreme court, it's whether it's worth the time and expense of a legal defense.
Also most significantly... do you really want a lawsuit on record (permanently searchable online) documenting your failure to fulfill an agreement with a previous aviation employer? I bet the majors would just love that...
The threat of the lawsuit is the deterrent, not so much actually losing and having to pay it back.
Best just to never sign a contract unless you're certain that's it's in YOUR best interests to stay for the duration of said contract. You'll have to do your homework.
I signed a contract once...with the Navy. 30 years later, no real regrets (YMMV).
But the real burden of a training contract on the pilot is not whether he can win at the supreme court, it's whether it's worth the time and expense of a legal defense.
Also most significantly... do you really want a lawsuit on record (permanently searchable online) documenting your failure to fulfill an agreement with a previous aviation employer? I bet the majors would just love that...
The threat of the lawsuit is the deterrent, not so much actually losing and having to pay it back.
Best just to never sign a contract unless you're certain that's it's in YOUR best interests to stay for the duration of said contract. You'll have to do your homework.
I signed a contract once...with the Navy. 30 years later, no real regrets (YMMV).
Pilots are leaving Mesa in surprising numbers and planning to tell Mesa, if asked, they're not paying. Not my approach. Let's do some worst case scenarios:
ATP through Mesa $5,000
Type rating. $12,700
Total. $17,700
Part of the Mesa pilot contract stipulates a reduction of training expense obligation to the pilot by 50%, if given 45 days notice. So the pilot's obligation is $8,850 if resigning the day of the check ride. Every month this amount is reduced by approximately $1100.00. Just wanted to be specific on the amount Mesa can seek in reimbursement. There is substantial time and cost to Mesa to pursue litigation or turning them over to a collection agency. Both will take at least 50% of the amount collected. A lot of squeezing for the amount of juice.
All this to say is watch the outcome of the LAPD case and seek the advice of an attorney with expertise in labor/employee relations. Don't just quit and leave control of the outcome in Mesa's hands.
And as stated...Mesa's contract is just one of the many reasons to look elsewhere for an airline career.
#7
Yes. Do they still require old hires (ie upgrades) to enter a new contract when they do training or is it just new-hires?
#10
Gets Weekends Off
Joined APC: Dec 2015
Position: Professional Eugoogoolizer at the Derek Zoolander Center For Kids Who Can’t Read Good
Posts: 1,191
Thread
Thread Starter
Forum
Replies
Last Post