Can I leave a company after agreeing to stay?

Hi,

I signed an agreement with my comapny saying I would stay with them untila certain date. This was after they sent me on a training course. If I leave before the date, I would have to repay them the cost of the course and wages paid while on the course. It was 3 years ago and it expires in Sept. Someone told me it's not worth the paper it's written on. Any ideas as I have been offered a different job and would like to consider it.

Re: Can I leave a compan after agreeing to stay?

You signed an enforceable agreement feely and willingly; your are bound by it morally and legally.

Re: Can I leave a compan after agreeing to stay?

Check if there was a decreasing scale as part of the agreement - a lesser percentage for each year. You may be able to repay the amount owed if you leave now.
Alternatively, your new employer may agree to cover the cost of 'buying out' the agreement.

Re: Can I leave a compan after agreeing to stay?

Even if you do leave and they decide not to bother chasing you for the money, they will be very very reluctant to pay for anyone else to do a course meaning other people could lose out as a result of your action. I would take that into account also.

Re: Can I leave a compan after agreeing to stay?

Consider also that you might need a reference from this employer in the future.

I think that a reasonable employer might settle for a proportion of the cost of sending you on the course: you have delivered on about 75% of your commitment. In your position, I would offer that without waiting for the employer to raise the question: such a move would be good tactically and, in my opinion, honourable.

Re: Can I leave a compan after agreeing to stay?

Why not go and chat to your employer about it?

They might be happy enough to reduce staff.

Brendan

Re: Can I leave a compan after agreeing to stay?

Bear in mind as well, that depending on how much you owe the company under this agreement, they could simply deduct the sum from your last monthly salary.

Re: Can I leave a compan after agreeing to stay?

Mpsox said:

Bear in mind as well, that depending on how much you owe the company under this agreement, they could simply deduct the sum from your last monthly salary.

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Not necessarily - unless this was specifically allowed for under the agreement that he signed.

Employers cannot take money from salaries willy-nilly.

Re: Can I leave a compan after agreeing to stay?

Complainer said:

Not necessarily - unless this was specifically allowed for under the agreement that he signed.

Employers cannot take money from salaries willy-nilly.

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That's correct under the Payment of Wages act but a lot of employment contracts will include some "catch all" statement that an employer is entitled to recover any sums owing when an employee leaves.

Re: Can I leave a compan after agreeing to stay?

It's fairly common now for technical staff to be asked to share in the cost of expensive technical training. Most companies ask you to contribute 'time' with the company after the training so that through higher billing for you, they recoup the costs. If you leave early they loose that opportunity.
If you signed an agreement freely accepting this principle, then arbitration is unlikely to fall on your side. If it can be shown that the new company you wish to work for, will gain at the expense of your existing company, your case is even worse.
Given that you have given a substantial time back already, the best outcome for you will result from a discussion with your employer. A reasonable approach would be to pro-rate the time and cost since you did the course. If you later end up in arbitration, it will sit better with your side if you have made this offer, even if your employer rejects it.
On the flip side, an agreement like this can also be interpreted as an offer to employ you for the period of the agreement. At times when no one is secure in their job it's something to think about.

Re: Can I leave a compan after agreeing to stay?

Mpsox said:

That's correct under the Payment of Wages act but a lot of employment contracts will include some "catch all" statement that an employer is entitled to recover any sums owing when an employee leaves.

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They would have to use the courts to recover such funds.

Re: Can I leave a compan after agreeing to stay?

bond-007 said:

They would have to use the courts to recover such funds.

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Any employer I've ever worked for, and these are some of the largest companies in the world, have a clause saying they can make deductions from your final months salary to recover such funds, or a clause saying you will adhere to whatever company policy governs this

Obviously if you still owe more, they then have to make a decision if it is worth their while trying to get the rest back. However if you didn't pay it back, I question what kind of reference you'd get