QUESTION
Is it legal for an employer to withhold a final check for repayment of training provided during employment.
Asked on Apr 06th, 2014 on Employment Contracts - Virginia
More details to this question:
Employer requested a two year commitment and provided training at a cost of $2000. The contract stated that the funds would be repaid if the training was not completed. The training was completed but the two year commitment was not completed. Since the contract did not specify two years, the employer stated that you know what I meant, and withheld final check, requesting that a new contract be signed before paying the final check.
1 ANSWER
It depends on how the contract was worded. Generally, in Virginia, a written contract will govern this type of situation, unless the contract contains obvious typographical errors, or you had verbal conversations with the employer at around the same time you signed the contract. It also depends on whether the contract has what’s called an “integration clause.”You may have other potential claims which will give you leverage in negotiating the repayment down. We can help you to identify those claims. Please call us to schedule a consultation.
Answered on Apr 08th, 2014 at 1:20 PM