maul

8 months ago i joined a small consulting company, in the contract its stated that I would work for them for a period of one year at least so they could recover the costs of training me. Now most of the traning comprised of me sitting at home and reading up stuff from books and manuals and things like that, but i guess they could still call that training. A month ago I got an oppourtunity to join another company. I gave my previous employer 11 days notice before I left. I know its not the usual 2 weeks but I had no choice as things happened kinda quickly. My question is, is it legal for my employer to withhold paying me my salary for any reason? recovering training costs or breach of the one year contract (the contract has no terms of breakage which seems weired to me.) or for not giving em the 2 weeks notice?
sorry if this seems like the wrong forum for it, didnt know where to put it.

Cynthetiq

you didn't live to your end of the contract, so they could withold costs of training or even breach of contract, but you'd could fight it in small claims court.

most states are "at will" even though contracts may be stipulated differently.

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maul

Also is it ok for a contract to not have a "terms for breaking" clause? mine has none? Is that normal?

cyrnel

The two weeks is generally a courtesy notice. It's important if you want to remain on good terms with the previous employer and people in that business. Eleven days is not bad at all. As an employer I would understand, but would expect some communication about the 8mo/1yr situation.

Your employer paying you to sit at home and read is definitely training. Your reduced effectiveness at work because you weren't up-to-speed is why I presume you weren't hired at an up-to-speed wage - you were learning on the job. Eight months is substantial, but at less than twelve, you didn't live up to your commitment. Did you communicate with your management before giving notice? That's often enough to smooth these situations.

I haven't held wages in these situations. Delayed, but not held. Usually the worker is becoming known for their patterns, hopefully learning lessons along the way. You could file against the employer which may follow you. You could call it a mistake and let it go. Or, if the amount is substantial, negotiate. 8/12 = 66% and don't burn the bridge?

Your largest assets at work are the relationships you maintain. Try not to make "largest assets" into something negative.

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ratbastid

Your contract should spell out exactly what their rights are in the event of your defaulting on the agreement. If they're following that to the letter, it's perfectly legal. If not, it's not.

You did keep a copy of your contract, didn't you?

Jinn

It greatly depends on what this "contract" is.. it could simply be a salary offer, which is calculated in years and speaks in terms of 12 months. However, that doesn't in-any-way impede on your at-will employment. Read the "contract" carefully.. because unless you explicitly agree to work for twelve months or more, you've nothing to worry about.

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maul

I want to clarify that when I was training at home I was not receiving any pay. I was put on a project with one of their clients (they are a consulting company) after I finished my training, thats when I started receiving my salary.

Thats is the only thing in the contract. Nothing else stating the conditions under which I can break or get out of the contract. I did speak to them about leaving and they wanted at least 4 weeks time since I was breaking the contract. I couldnt do that as I needed to start with the new company at a certain date and they would not wait an additional 2 weeks for me to join. I was suppoesed to get paid 2 days ago and still havent received my direct deposit. I can understand if my previous employer files for a compensation claim or something but is holding back one months pay legal?

RusCrimson

It really depends on the state. Usually, employment contracts are unenforceable, but the line becomes blurred if the contract deviates from your typical employment agreement.

thingstodo

If you were under contract it means that you were not an employee, so employment law shouldn't apply. Of course, that depends on local laws so this is just a general opinion.

You did sign a contract even though there was no termination clause. So it should hold up. They were pretty nice to negotiate a four week notice even though they didn't need to do so. That shows a good faith effort on their part to work things out. Seems like they could charge whatever is a reasonable fee for the training provided, regardless of how you see the value. Fighting that would in all likelyhood cost you more than it's worth.

My two cents is that you just deal with it and move you. The new job was obviously worth more to you than honoring a written agreement so there is a consequence to that. Next time you sign a contract you'll know to make sure there is a termination clause that is acceptable to you. It's all about learning lessons in life and I'm sure this lesson will pay off inthe future!

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Marvelous Marv

Let me make sure I understand:

They didn't pay you for training (I would think this is illegal if you're an employee), but they want you to stay for a year, in order for them to recoup your training expenses, which appear to be zero?

I don't think you owe them much of anything, since your training period consisted of your working for free. Every law I know of says they have to pay you your last check.

As Cyrnel says, if you can handle it professionally, it's always the best way.

P.S. They said they "expect" you to stay for a year. That's not binding.

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odu_sonar_AE

What was exactly used in this training program? I'm trying to get a feel for what type of costs had to be recouped for the "Mentorship and Training Program."

All I can say is lesson learned. Definitely think twice about working somewhere that is expecting a year's commitment for non-paid training.