ISTOCK/DARKCLOUD


Perils THE OF


Employment Training Contracts


Employer-paid training can come with strings attached.


By Jol A. Silversmith


[Editor’s note: Te author is a member of the law firm of KMA Zuckert LLC of Washington, D.C. Te views expressed herein are solely those of the author, and the information provided is not, and is not intended to constitute, legal advice.]


I


T LOOKS LIKE A GOOD OPPORTUNITY. You’ll gain hours and a new type rating. You’ve already checked Glassdoor and asked your contacts about the operator’s reputation. Tere’s just one issue. When the operator sends the paperwork, there’s a reimbursement provision


buried in the legalese: a requirement that you repay a sig- nificant amount of money if you leave the company within two years of coming on board. Should you still go ahead and take the job? Te answer, unfortunately, is: “It depends.” Although


such a provision may look unfair, a court may find that it and the contract are enforceable, meaning you would be legally required to repay the money. Tis is especially true if the sum at least roughly


46 ROTOR JUNE 2023


corresponds to the company’s investment in your training. If the terms are disproportionate, there may be an argument that they are unenforceable, but you would still run the risk of being sued over the contract and, subsequently, the risk of a court finding the contract and its terms to be valid. Of course, if the opportunity is good enough, you may


feel the risk of having to reimburse the company is justified. Or you may believe, no matter what the challenges, that you will “tough it out” until the end of the contract. Even though there are no easy answers, this article offers


some background and guidance about reimbursement clauses in training contracts for aviation professionals. Although the examples I use involve pilots, the principles apply to other aviation professionals as well.


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