If I signed a an employment contract in which I agreed to work at a company for 24 months but after 14 months no longer wish to work there, do I have to repay the recruiting fee?

I am obliged by the contract to replay a pro-rated portion of recruiting fees, this amounts to about $4500. My contract states that part of the conditions of employment was a drug screening but this never happened, would this failure of the conditions of the contract render the contract void ( i.e. if I quit would I still be liable for the recruiting fees)?

Asked on October 27, 2015 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the contract states that you have to repay the pro rata portion of the fees if you leave employment when you do, then yes, you'd have to pay them--such a provision is legal and enforceable. The failure to drug test you would not waive or give up the company's right to get this money, since the drug test for their benefit, not yours--i.e. there is no breach of an obligation to you.


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