My question involves labor and employment law for the state of: Texas
My wife's previous employer is a small business (10 employees or less) that organizes and runs large meetings and conferences for clients such as medical associations and corporations. They have less than 10 large clients that have been repeat customers for more than 10 years and their annual meetings are around the same time every year. My wife's previous employer always purchases employee plane tickets for the events 4-6 months in advance. This was her first job out of college and she got it to support our family as I finished school (I am a veteran and trying to finish school as quickly as possible). The company had such a high turnover of employees (5 people have held the position in the last 3 years) that AFTER my wife was hired, they made everyone sign an amendment to the employee handbook that stated if employees left the company, they would be financially responsible for plane tickets purchased in their name for future events, or whatever the ticket insurance did not cover. Afraid of losing the job we needed to be supported, she signed it.
She had been absolutely miserable in the job but stayed there for a year, it is a hostile work environment, until she found a better position at a prestigious private university. She put in her two weeks notice in the middle of October 2015. A week before her final day, they approached her and tried to pressure her into signing an additional promissory note stating again that she would accept financial responsibility for any future plane tickets. This was because they had already purchased a $1250.00 plane ticket to an mandatory event in Hawaii in her name, scheduled for March of 2016. (This was well over half of her net monthly income I might add). The company filed a claim with the travel insurance and told my wife that it would only be covered if she had been with the company for at least 3 years. She left without ever signing the additional promissory note and on her last day, her boss (The company owner) threatened to take her to court and that it was "her reputation on the line".
We feel that is is completely unfair to try and charge employees for the plane tickets to mandatory work related trips especially since there is maybe one month out of the entire year that they haven't already pre-purchased plane tickets. It is rigged so no one can leave without having to pay back hundreds or thousands of dollars. We also understand that fair or not, she signed the amendment. But the amendment makes no statement of repayment terms, interest or a pay by date. So out of spite, we offered to repay the ticket at $15 per month knowing full well that it is a ridiculous amount. They countered that they want $300 per month for four months or else they will take her to small claims court.
My questions are, do they have any legal ground to demand the repayment terms they want if it was not called for specifically in the employee handbook amendment that my wife signed? Is this situation even legal? It feels like complete entrapment to me, "you have to work here for at least three years or else you will have to pay back hundreds or thousands of dollars if you try to leave."
My wife was already struggling with anxiety and depression from the work environment and treatment she received (documented by many doctor/therapist visits), but she finally got out and found her dream job that she absolutely loves. She just wants to put that place behind her and now this former company is back and attacking her even after she is gone. I am tempted to go to small claims court and plead our case but I am worried about losing and having to repay the plane ticket plus court fees and THEIR legal expenses. Can anyone help me sort this out or give an opinion on what to do next?
My wife's previous employer is a small business (10 employees or less) that organizes and runs large meetings and conferences for clients such as medical associations and corporations. They have less than 10 large clients that have been repeat customers for more than 10 years and their annual meetings are around the same time every year. My wife's previous employer always purchases employee plane tickets for the events 4-6 months in advance. This was her first job out of college and she got it to support our family as I finished school (I am a veteran and trying to finish school as quickly as possible). The company had such a high turnover of employees (5 people have held the position in the last 3 years) that AFTER my wife was hired, they made everyone sign an amendment to the employee handbook that stated if employees left the company, they would be financially responsible for plane tickets purchased in their name for future events, or whatever the ticket insurance did not cover. Afraid of losing the job we needed to be supported, she signed it.
She had been absolutely miserable in the job but stayed there for a year, it is a hostile work environment, until she found a better position at a prestigious private university. She put in her two weeks notice in the middle of October 2015. A week before her final day, they approached her and tried to pressure her into signing an additional promissory note stating again that she would accept financial responsibility for any future plane tickets. This was because they had already purchased a $1250.00 plane ticket to an mandatory event in Hawaii in her name, scheduled for March of 2016. (This was well over half of her net monthly income I might add). The company filed a claim with the travel insurance and told my wife that it would only be covered if she had been with the company for at least 3 years. She left without ever signing the additional promissory note and on her last day, her boss (The company owner) threatened to take her to court and that it was "her reputation on the line".
We feel that is is completely unfair to try and charge employees for the plane tickets to mandatory work related trips especially since there is maybe one month out of the entire year that they haven't already pre-purchased plane tickets. It is rigged so no one can leave without having to pay back hundreds or thousands of dollars. We also understand that fair or not, she signed the amendment. But the amendment makes no statement of repayment terms, interest or a pay by date. So out of spite, we offered to repay the ticket at $15 per month knowing full well that it is a ridiculous amount. They countered that they want $300 per month for four months or else they will take her to small claims court.
My questions are, do they have any legal ground to demand the repayment terms they want if it was not called for specifically in the employee handbook amendment that my wife signed? Is this situation even legal? It feels like complete entrapment to me, "you have to work here for at least three years or else you will have to pay back hundreds or thousands of dollars if you try to leave."
My wife was already struggling with anxiety and depression from the work environment and treatment she received (documented by many doctor/therapist visits), but she finally got out and found her dream job that she absolutely loves. She just wants to put that place behind her and now this former company is back and attacking her even after she is gone. I am tempted to go to small claims court and plead our case but I am worried about losing and having to repay the plane ticket plus court fees and THEIR legal expenses. Can anyone help me sort this out or give an opinion on what to do next?
Expenses and Reimbursement: Making an Employee Pay for a Mandatory Business Trip Scheduled for After They Resign
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