Reality is,
1) you signed the bond.
2) when the plane was in Maintenance.
3) after 2 weeks of maintenance, you chose to leave.
If they come, pay up as you signed it.
You obviously had the intentions of leaving as you resigned 2 weeks after the Aircraft was in maintenance. At the time, you had no idea how long said plane would be in maintenance.
If you hung out and let them lay you off it’s a different story.
I’ve dealt with this before, there is ALWAYS two sides to the story.
Traing bond legal question
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Re: Traing bond legal question
Dp
Last edited by flyinhigh on Tue Oct 01, 2019 6:21 am, edited 1 time in total.
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Daniel Cooper
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Re: Traing bond legal question
I think one needs to be careful regarding doing pre hire references on other sources unilaterally. The candidate may not want certain people to know he/she is looking at a new job for a variety of very valid reasons. Word spreads quickly despite all caution taken. I would be hesitant to reach out to any of the candidate's connections without clearing it with the candidate first.
Re: Traing bond legal question
So here's the standard lawyer response: It depends.
Generally speaking, training bonds are enforceable. However, like all contracts, there are issues both with respect to whether both of the parties kept up their end of the contract and whether the party that is suing for breach of contract actually suffered damages.
The answers to these depend on the wording of the bond as well as the facts of the situation. I can't act for you but, depending on the amount of the bond, it wouldn't be a bad idea to consult an employment lawyer.
Altiplano hit on a few of the relevant topics and, in addition, depending on the wording of the contract, there may be an issue with respect to the actual damages suffered by the employer as a result of you leaving.
The problem with the value of most training bonds is that for the time and cost to fight them in court, a lawyer who makes the appropriate effort to understand the facts, law and draft strong pleadings will end up costing you a few thousand dollars (probably around the same price as an average bond). And, sometimes even the best argued case gets a Small Claims Court judge who doesn't properly follow the law.
The above is not legal advice.
Generally speaking, training bonds are enforceable. However, like all contracts, there are issues both with respect to whether both of the parties kept up their end of the contract and whether the party that is suing for breach of contract actually suffered damages.
The answers to these depend on the wording of the bond as well as the facts of the situation. I can't act for you but, depending on the amount of the bond, it wouldn't be a bad idea to consult an employment lawyer.
Altiplano hit on a few of the relevant topics and, in addition, depending on the wording of the contract, there may be an issue with respect to the actual damages suffered by the employer as a result of you leaving.
The problem with the value of most training bonds is that for the time and cost to fight them in court, a lawyer who makes the appropriate effort to understand the facts, law and draft strong pleadings will end up costing you a few thousand dollars (probably around the same price as an average bond). And, sometimes even the best argued case gets a Small Claims Court judge who doesn't properly follow the law.
The above is not legal advice.
