Work contract/ termination
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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 2 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.
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