Legal Question in Employment Law in California
employee contract
Hi, I was hired by a hospital and I had to sign a contract that said if I terminate my employment for any reason after this training program I have to pay the hospital approximately $10,000. The contract says that if I stay on the job for 18 months after the training program then the sum of money will be forgiven. Well I quit befor the training program ended. I was about 1/3 through. The hospital wants to charge me for that portion. The contract didn't say the hospital had the right to charge me for a portion of the training if I quit before I completed it. Do they have the right to charge me for this portion.
2 Answers from Attorneys
Re: employee contract
It's impossible to answer this question without reviewing the agreement and without more information about the type of training you received. If you would like to discuss this further, please feel free to contact our office for a free phone consultation. Thank you.
Re: employee contract
In my opinion, a contract that requires an employee to pay back the cost of training is unenforceable. Employers cannot pass on the cost of doing business to employees and, in normal circumstances, training employees is a cost of doing business. It also has the effect of interfering with an employee's freedom of movement. I know of no case that has ever upheld a contract clause of this nature. Perhaps, one of my colleagues out there may have heard of such a ruling in favor of an employer. If so, I'd like to know about it.
I do think the prudent thing to do is have an experienced employment law attorney in your area review the contract and listen to the facts, to put the case in proper context and give you appropriate advise on how to handle the situation.
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