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TexLaw
TexLaw, Attorney
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I have a question regarding Utah contract law. As a pilot,

Resolved Question:

I have a question regarding Utah contract law. As a pilot, I accepted a job flying a King Air for $72,000 per year. The job was described as follows: The position is currently a Cessna 414, but a King Air will replace the Cessna soon. I accepted that job offer in June 2012. In September 2012 The company sent me to King Air training which cost them approximately $12,000. It is now November and there is still no King Air for me to fly. My salary is only $55,000 and I have received a better job offer from a different company.

I signed a form stating that I would have to repay 100% of training and associated costs If I quit the job within one year of my initial date of employment. Since there is no King Air available for me to fly, and I am not qualified to fly the airplane in accordance with federal regulations, will I have to repay the King Air training costs if I quit now?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
If you have completed the training, why aren't you qualified to fly the airplane under federal regulations?
Customer: replied 1 year ago.

Federal regulations require that I receive a line check under 14CFR135.299 before I can fly the aircraft. This has not happened.

Expert:  TexLaw replied 1 year ago.
Your question turns on whether your employer has caused an anticipatory breach which justifies your termination of the contract and excuses your duty to perform under the return of the training costs provision.

With three months into the contract, you are not yet to the point where you can claim that your employer has demonstrated that they are going to breach their end of the bargain, especially where they have invested in the training program. So, if you leave at this point, you will be held liable for breach and would be forced to pay back the training costs.

In your situation, the best thing to do is talk to your employer and get them to commit to a date. Express your concerns that you signed up to make 72K per year and that you are missing other opportunities. Ask them to commit in writing when they are going to get the King Air. If they will not, ask them to release you from your contract or pay you at a higher rate in consideration that you are not getting the bargain that they promised.

If they will not provide you some sort of confirmation that they will hold up their end of the bargain in concrete terms (that means more than "don't worry, we will get it soon"...they need to commit to a date), then you would be entitled to terminate the contract.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I find that reasonable.

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