Employment Law Questions? Ask an Employment Lawyer.
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How did the employer/employee breach the contract? Has the breaching party been approached about the breach? You wish to know what recourse is available to resolve the issue?
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I am the owner of a helicopter flying business in Wasilla, AK and we require new hire pilot employees to commit to a 3 year contract period. Because the extensive investment in their training to become a qualified Pollux utility helicopter pilot we have a clause in their contract that says if they want to jump the fence before 3 years are up the must reimburse the Company $10,000. We have two pilots that left the company after 1 year and one has paid $5,000 back and another has skipped out all together...
Hello again, Larry, and thank you for providing this additional information.Your recourse under these circumstances would typically involve reporting the debt to the credit reporting agencies and either filing suit against the employees or retaining a collection agencies to attempt to collect on the debts.If the employees remain in AK, then you could file suit in the small claims court where the employees reside. The maximum you can sue for in small claims court is typically $10k, so you should be able to obtain a judgment for the full amount from each employee if that court has jurisdiction over the matter.However, if your business is incorporated, you will normally need to retain an attorney to pursue legal action since a corporation must be represented by an attorney in court.If either of the employees has moved out of state, then hiring a collection agency on a contingency fee basis would typically be the most cost-effective option, as well as reporting the debt to the credit reporting agencies.
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