What to do if I recently hired an employee to help him obtain his Commercial Drivers License in order for him to drive for us but as soon as he got it I never heard from him again?

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What to do if I recently hired an employee to help him obtain his Commercial Drivers License in order for him to drive for us but as soon as he got it I never heard from him again?

Do I have any recourse against this individual for use of the truck, my time and money put into him? In the future, is it legal to draw up contract to have employee stay with the company a minimum of 1 year for help and use of equipment to obtain their CDL?

Asked on November 5, 2012 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you had a contract with the employee requiring him to repay you if he left employment within say, a year, of getting his CDL, that would be legal and enforceable. However, without a contract like that to which the employee agreed in advance (prior to getting the CDL), you would have no recourse, since without contracts, employment is employment at will--either party may terminate it any time, without obligation to the other.


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