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Are training agreements legally binding?
A training agreement is a legally enforceable contract that sets out the terms and conditions of any training that you provide your employees. A training contract will also define whether training deductions can be made from a departing employee’s final salary.
Can employer force employee to resign?
Can an employer ask an employee to leave without serving their notice period? Yes, but the employer has to pay their employee salary in lieu of notice (‘notice pay’). This is money equivalent to the salary that the employee would have earned during the required notice period.
Can you sue employer after you quit?
The law of wrongful constructive termination (also known as wrongful constructive discharge) in California provides that you can sue an employer for wrongful termination even if you resigned rather than being fired.
What does constructively terminated mean?
Constructive dismissal, also known as constructive discharge or constructive termination, is a modified claim of wrongful termination. Wrongful constructive dismissal occurs when, instead of firing the employee, the employer wrongfully makes working conditions so intolerable that the employee is forced to resign.
What is retaliatory discharge?
In employment law, the term “retaliatory discharge” refers to when an employer discharges an employee for filing a complaint against the company.
Can an employer charge you for training if you leave?
Employers can only deduct money for training courses if it was agreed in the contract or in writing beforehand. For example, an employer could ask someone to agree in writing before a training course to pay back costs if they leave within 6 months.
What is a training reimbursement agreement?
What is training reimbursement? Training reimbursement is when a company covers the cost of a training program an employee elects to do. Typically, training should relate to the employee’s position. Training reimbursement policies generally fall under the category of tuition or education assistance.
Can a non-compete prevent an employer from paying for training?
When employees are required to take the training as a condition of employment, the courts have largely held costs are not reimbursable. Likewise, the addition of a non-compete can work against an employer, as an employee wouldn’t be able to use the training anywhere else.
Why are employers afraid to invest in training?
They are afraid that if the company invests in the employee, the employee becomes more valuable. Training makes the employee more attractive to higher-paying competition. The fear is that the investment of training and certifications, all paid for by the current employer’s profits can walk out the door.
Does an employer have to reimburse training costs when you leave?
Future Com, LTD., decided earlier this year, an employer successfully enforced an agreement in an offer letter that the employee was required to reimburse it for training costs if he left the company within one year of completing training.
What should be included in an employment training agreement?
The agreement should specify the costs for training, how long the training will last, how long the employee is required to stay on the job following the training period, and what the repayment requirement would be. A pro-rated scale of repayment based on the length of employment following training is common.