Legal Question in Employment Law in Virginia
Paying back the company if leaving before a certain time
The company I work for has built into their offer letters that if employment is terminated by the employee before 2 years, the employee must pay back $9000 that has been built into the employees pay. It is written as a loan for training that is dispensed ratably over the first few months. However, this amount is taxed. We were not given any money up front, and the only money we have received is that which is in our salaries. Our pay statements also do not reflect a 'training wage' or that part of the wage is a loan. If I were to leave before 2 years, would I be legally obligated to pay?
1 Answer from Attorneys
Re: Paying back the company if leaving before a certain time
Maybe, if this arrangement is an enforceable contract; otherwise, maybe not. (An offer letter is not normally such a contract, but there could be other factors involved which might make it one, possibly.)