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Tina
Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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breach of employment contract resolution

Customer Question

breach of employment contract resolution
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

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?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

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...

Expert:  Tina replied 1 year ago.

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.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 1 year ago.
Hello again Larry,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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