My question involves labor and employment law for the state of California.
I am receiving the message below from my previous employer as they refuse to pay my last check. I have been told by another employee that has been there five years that they have never enforced the training clause. I also had another colleague that got hired after me and quit a week after me, but they are not pursuing the $5k from her. I also never received a countersigned copy of an agreement.
I wanted to get back with you on your inquiry of commissions due. We here at Previous Employer provide extensive training and invest in our employees to be the best in the business. When you signed your offer letter with us you also signed a training agreement. The agreement stated if you were to leave the Previous Employer prior to 2 years you would owe the company for training reimbursement of $5,000. In an effort to minimize the reimbursement, we will not be paying out the commission of $2,227.29 and it will go towards the balance of the training reimbursement.
Please communicate with us on a plan to repay the remaining $2,772.71 to the Previous Employer. We appreciate your cooperation and thank you for your time with our company.
The form that I signed is below.
For good consideration and as an inducement for Previous Employer to employ Mr. E, the undersigned employee, hereby agrees not to directly or indirectly compete with the business of Previous Employer
and its successors and assign during the period of employment and for a period of two years following termination of employment and notwithstanding the cause or reason for termination. Mr.
E will agree to repay any cost associated with training if the agreement is considered breeched. Basic cost for training valued at $5,000. The term “cost” includes all training cost for the period of thirty days from the original start date of this
agreement. The employee acknowledges that Previous Employer, shall or may in reliance of this agreement provide Employee access to trade secrets and other confidential data and good will. Employee agrees to retain
said information as confidential and not to use said information on his or her own behalf or disclose same to any third party. The “cost agreement” shall be limited to two years to the original hire date. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assign, and personal representation.
I am receiving the message below from my previous employer as they refuse to pay my last check. I have been told by another employee that has been there five years that they have never enforced the training clause. I also had another colleague that got hired after me and quit a week after me, but they are not pursuing the $5k from her. I also never received a countersigned copy of an agreement.
I wanted to get back with you on your inquiry of commissions due. We here at Previous Employer provide extensive training and invest in our employees to be the best in the business. When you signed your offer letter with us you also signed a training agreement. The agreement stated if you were to leave the Previous Employer prior to 2 years you would owe the company for training reimbursement of $5,000. In an effort to minimize the reimbursement, we will not be paying out the commission of $2,227.29 and it will go towards the balance of the training reimbursement.
Please communicate with us on a plan to repay the remaining $2,772.71 to the Previous Employer. We appreciate your cooperation and thank you for your time with our company.
The form that I signed is below.
For good consideration and as an inducement for Previous Employer to employ Mr. E, the undersigned employee, hereby agrees not to directly or indirectly compete with the business of Previous Employer
and its successors and assign during the period of employment and for a period of two years following termination of employment and notwithstanding the cause or reason for termination. Mr.
E will agree to repay any cost associated with training if the agreement is considered breeched. Basic cost for training valued at $5,000. The term “cost” includes all training cost for the period of thirty days from the original start date of this
agreement. The employee acknowledges that Previous Employer, shall or may in reliance of this agreement provide Employee access to trade secrets and other confidential data and good will. Employee agrees to retain
said information as confidential and not to use said information on his or her own behalf or disclose same to any third party. The “cost agreement” shall be limited to two years to the original hire date. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assign, and personal representation.
Compensation and Overtime: Can a California Company Keep My Last Commissions Check
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