Legal Question in Employment Law in California

I work for the largest provider of roadside service in the US. on our first day of employment, they handed us a form to sign saying if we quit prior to one year of working for them, we would owe them upwards of up to $2000 (prorated monthly). of course they present it in a way where they say if you don't sign it, you can walk. i'm in a situation where i may have to quit my job soon due to a living situation. can they legally make me pay them back? they say it's for compensation for training and other expenses.

Asked on 7/11/13, 8:27 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You signed a contract, they can seek to enforce it by suing you if necessary. Negotiate a resolution with them to avoid that.

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Answered on 7/11/13, 8:29 pm

I would respectfully disagree with my colleague. Generally, California Labor Code section 2802 prohibits an employer from requiring its employees to incur work-related expenses without reimbursing them. And California Labor Code section 2804 renders null and void any contract that would deprive an employee of his or her rights under section 2802.

Terry, if you have any contrary authority, I would certainly welcome it, but as I see it, this employer would be in violation of the above statutes if it were to try and collect the $2,000.

Of course, California wage and hour law is very complex, and my answer is a general analysis of the limited facts presented in the question. I would strongly advise you to call a California employment lawyer as soon as possible to explore your rights in your particular situation.

Tuvia Korobkin, Esq.

3580.Wilshire Blvd., Suite 1260

Los Angeles, CA 90010

(213) 201-9331

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Answered on 7/11/13, 8:53 pm

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