Legal Question in Business Law in Colorado
contract for education written between company and employee
My previous employer sent me to school via a loan and we drew up a contract stating that ''the loan is repayable on demand should I drop out, get expelled from the program or fail the state licensing boards twice in a row after graduation or RESIGN from the company.
The issue is they very unexpectedly TERMINATED (for cause) my employement not a week after I passed my boards.
They are taking me to small claims court but I don't believe I have to pay, because no where in my contract does it state upon termination or being fired would I repay it.
Do I have a chance in court?
Could they possibly re-write or add to the contract that I have to pay?
Any advise would be helpful.
Thank you very much
1 Answer from Attorneys
Re: contract for education written between company and employee
The answer is that it depends. It depends on the exact terms of your contract. It depends on if they are trying to get the money back under some equitable theory (quantum meruit). It depends on what the small claims judge thinks as a matter of fairness. It all depends.
You had better understand the consequences of each applicable contract term and the common law of contracts. Also start reading about quantum meruit remedies. Good luck.
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