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13 April 2021

Training Agreements Enforceable

The courts have also gone the other way. In Los Angeles in 2015, a fourth district appeals court made an unpublished statement that former police officers who left the LAPD could not be forced to repay their training to the city. Because the city implemented a larger and more expensive training program than minimum certification, it became an employer-imposed burden that the city had to bear, not public servants, the panel concluded. The refund contract was found to be unenforceable. It is important to ensure that these types of clauses are carefully crafted to ensure that the clause does not apply. In reality, many employers are not really going to try to recoup an employee`s training costs. Instead, the agreement serves as a screening tool, Caucci said. The hope is that only serious and committed candidates will agree. Preliminary agreement. Whether it is a current staff member or a potential recruitment contract, an agreement on the reimbursement of training should be reached prior to the launch of the employee`s program.

You can inform the employee that the agreement establishes a contract and encourage them to have the document checked by their own advisor before signing. The agreement should also include a slippery repayment scale that will reduce the amount to be reimbursed based on how long the worker stays with the employer after the training is completed. Similarly, training costs should be reimbursed on the same sliding scale when the employee is dismissed for gross misconduct during the repayment period. Ideally, the employer wants the right to deduct any training costs from wages liability to the employee. If this is the case, this right must be explicitly established in writing, otherwise there is a risk of illegal deduction of wages. But first, you understand that if there is no contract to reimburse the training costs, you do not need. It doesn`t matter if you shamelessly used your employer and left the time you completed a course you wanted and paid for. You are not required to reimburse training costs, under any circumstances, if there has been no agreement on this.

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