Can my 1099 employer force me to repay a $4000 training fee if I feel it is to my best interest to leave the company and start a new career?

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Can my 1099 employer force me to repay a $4000 training fee if I feel it is to my best interest to leave the company and start a new career?

Promises where made to me and they have fallen through. I would like to go home and start a new career. My 1099 employer gave me 2 choices, I either go home and repay the $4000 training fee or I stay and work for them. Can they legally force me to repay this training fee? Would they be able to take me to court over this if I were to quit and go home?

Asked on April 23, 2012 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there had been some agreement in place BEFORE you incurred the fee, that if you left before a certain amount of time had passed, you would have to repay the fee, then you would have to repay it--such agreements are legal and enforceable, and are not particularly uncommon. The key, though, is that you must have agreed to this before incurring the fee; the employer may not retroactively require you to repay a training fee when that had not been the agreement when you had or underwent the training.


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