Legal Question in Employment Law in California

employment contract regarding training

Can an employer require an employee sign a contract which stipulates that if the employer sends the employee to a training class that the employee must stay with the company for at least six months. If the employee leaves the company within six months of the training class the employee must pay the company for the cost of the training class . Is this legal and enforceable?


Asked on 5/13/04, 12:40 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: employment contract regarding training

This has become a practice I am seeing more and more employers engage in. I don't think it has been challenged in the courts yet, but in my opinion, it is an unenforceable agreement. Employers cannot place the cost of doing business on the employee. This practice also has the effect of impeding upon an employee's right to work where and for whom he/she wants.

My advise...sign the agreement because otherwise, you won't get the job, and if you need to leave before six months, see an attorney to help scare the employer out of trying to enforce the agreement.

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Answered on 5/13/04, 7:56 pm


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