Legal Question in Business Law in California

employment law

I am an owner of a restaurant and I have had people come in for training and then before training is over they quit because they accepted a position somewhere else, do a no call/no show, or one just walked out in the middle of the day. They have all come back to get paid. I have paid them, but I would like to know if it is the law that I have to do so. It doesn't seem right that I have to pay them for training when they don't end up staying with the company.


Asked on 5/24/07, 12:26 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: employment law

You may be able to create a limited unpaid training/testing program, pre-hire. Consult with local counsel experienced in doing so.

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Answered on 5/24/07, 2:52 pm
Gregg Gittler GITTLER & BRADFORD

Re: employment law

It depends what your employment agreement with the trainees is. If you are hiring them as "at will" employees, and agreeing to pay them for training, they can quit at any time, and be paid up to the time they quit. There are solutions which you can work out through negotiation (e.g., agree to pay for the training period, making sure that the training period is only training, and not work disguised as training, after they have worked post-training for a specified period. However, you should look at the practical side of this too. You should investigate (a) why these people leave after receiving training, (b) whether you would be better off paying a bit more and hiring people who are already experienced.

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Answered on 5/29/07, 8:56 pm


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