In some cases, employers try to recover the cost of « workplace » training, which is much more difficult for them to quantify. It has been reported that some large companies, such as Capita and FDM, bring some employees through training programs that cost very little, but the company requires people to leave their jobs after the end of the course to pay back much larger sums, allegedly up to $18,500. On the face of it, it would be a punitive clause and also a commercial restriction and therefore illegal and unenforceable. We understand that there is a legal challenge to these types of clauses. As has already been said, the other basis on which reimbursement of training costs cannot be imposed if it is restreignable. Courts will allow employers to protect their legitimate business interests, for example by imposing well-developed and reasonable post-employment restrictions, but they will not allow employers to unduly warn a worker who changes jobs if they wish. The provisions relating to the reimbursement of training places, even if it is a real estimate of the injury, can be considered a commercial restriction if they prevent the worker`s change of employment. Certainly, it seems likely that the type of provisions allegedly introduced by people like Capita would lead to workers leaving their jobs, so that they can be considered unenforceable. The code authorizes the regulation of clauses by collective or contractual agreements. It is possible that a clause allowing the worker to remain in the employer organization for a certain period after the training or to ask for a refund if the worker withdraws before a specified date may be preserved. It should therefore be carefully developed to ensure that it is not challenged in this category.
But if that employee stayed two years after the end of the course, using this training every day, then $2000 is not a reasonable estimate of the money that the company has really lost. In that case, it would not be wise to use a training agreement to recover the full $2,000 — and it is very likely that it would not be legally successful. If you`re looking for a template for workout chords that you can use in your small business, just click on this link.