- Jurisdiction
- North Carolina
This may sound obvious, but can a company demand reimbursement for initial training if you never received the handbook (until a month later) and never signed it upon hiring??
I was hired over a month ago with a soon to open start-up health and fitness franchise. I was hired under a previous general manager, and we had a long discussion in the interview about what hours I could work and physical limitations that could affect my ability to take on too many hours (migraines and inflammation flare ups). You're required to do 20 hours of online coursework and 2 days in-person training. (Half of which I wasn't paid for my time and reimbursement was less than half the standard IRS mileage rate.) In the middle of training, the GM that hired me was abruptly replaced.
Whether it was the mix-up with GMs or sneaky tactics, I was never informed about the 2 year Non-Compete Clause (which says I can't work in the related field within 15 miles for 2 years) and a Reimbursement Clause that says if employment is terminated or left voluntarily within 6 months, I must pay for the training and all incurred expenses ($1,300). Under a year, 50%. Mind you, I could have done the same training with an accredited and certifying organization for about $400. I just received the hanbook/contract today. It is presented as an employee handbook, but essentially, it is a contract for 1 year of employment.
Had this employee contract have been put in front of me upon hiring, we would not have gotten this far. I can't commit to this for health reasons and also because the schedule they want to put me on now is unfeasible to support myself or work a second job. These are two things I was very clear about in my interview, and was reassured by the hiring GM it wouldn't be a problem.
The studio is opening soon, and I would like to bow out as gracefully as I can, citing physical health issues. Since I never signed anything, am I liable for anything in the contract? Is there any kind of "implied" contract that I am held to?
I was hired over a month ago with a soon to open start-up health and fitness franchise. I was hired under a previous general manager, and we had a long discussion in the interview about what hours I could work and physical limitations that could affect my ability to take on too many hours (migraines and inflammation flare ups). You're required to do 20 hours of online coursework and 2 days in-person training. (Half of which I wasn't paid for my time and reimbursement was less than half the standard IRS mileage rate.) In the middle of training, the GM that hired me was abruptly replaced.
Whether it was the mix-up with GMs or sneaky tactics, I was never informed about the 2 year Non-Compete Clause (which says I can't work in the related field within 15 miles for 2 years) and a Reimbursement Clause that says if employment is terminated or left voluntarily within 6 months, I must pay for the training and all incurred expenses ($1,300). Under a year, 50%. Mind you, I could have done the same training with an accredited and certifying organization for about $400. I just received the hanbook/contract today. It is presented as an employee handbook, but essentially, it is a contract for 1 year of employment.
Had this employee contract have been put in front of me upon hiring, we would not have gotten this far. I can't commit to this for health reasons and also because the schedule they want to put me on now is unfeasible to support myself or work a second job. These are two things I was very clear about in my interview, and was reassured by the hiring GM it wouldn't be a problem.
The studio is opening soon, and I would like to bow out as gracefully as I can, citing physical health issues. Since I never signed anything, am I liable for anything in the contract? Is there any kind of "implied" contract that I am held to?
