Work contract/ termination

UPDATED: Oct 1, 2022

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Work contract/ termination

My question is related to a work contract. I was employed by this company for about a year and a half when I was terminated. In my contract it states that I have to pay the company back all training costs spent by the company if I leave or am terminated for any reason within 12 months of receiving the certification. The company did not send me an invoice nor did they mention anything to me when I was leaving the company about paying this back, it was also not included on the termination notice that I signed when leaving. No where in the contract does it state a time that I have to have it paid back by, nor does it specify a payment plan. Since nothing was mentioned to

me and nothing was in the termination notice and it took them 3 months to get the bill to me, do I still owe? Also, because it does not state anywhere on the contract when I have to pay them back or at what rate do I get to either name my own rate of pay back when I start paying this back?

Asked on May 17, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Unless the contract stated that you only had to repay if they provided you the invoice or included a mention on the termination notice, these things are irrelevant. They can enforce the contract as written, so if under these circumstances (e.g. you were terminated within 12 months of certification) you have to repay, then you have to repay; they do not need to do or provide anything not required by the contract itself.
2) If there is no time for payment specificied in the contract, that means you have to repay it all at once, in a lump sum when they sought its return after your termination--that is, no that they have billed you, you have to pay it all back now, unless you and they voluntarily and mutually agree to a repayment plan. If you don't, they can sue you for all the money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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