We recently offered a person a position in our company, conditional on their passing a training class. The person accepted the position, went on the training class at a cost to our company of $7,500. After passing the class the person now refuses to accept the position. The training we provided makes this person very eligible to take his new skills to another company (even a competitor) and find employemnt.We would like to collect the training funds back from this person but he has resisted our attempts to collect.Do we have a case for breach or contract or theft of services or anything else?
Country relating to Question: United States
State (if USA): New York
Phone calls and letters, threatening to go to a collection agency or lawyer.
The person is in California, Our company is located in New York but the transaction was handled by our London office.
If they accepted the position and completed the class, they are in Breach of Contract and as such you can sue them for the cost of the class. The problem is that if your contract did not have a "choice of law" or "choice of forum" clause making NY jurisdiction, you would have to sue them in CA to get personal jurisdiction over the prospective employee. However, regardless, they are liable to you for the damages you have suffered as a result of your sending them to the class in reliance on their agreement to take the job and you have to sue them to now collect.
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