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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101381
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have an IT consulting services where I train individuals

Customer Question

I have an IT consulting services where I train individuals in a specialized area. The training is free with a 4080 hours agreement to work on our payroll as part of consulting. The training has finished and now the person is leaving without fulfilling the agreeement have a contract in place
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Has anything been filed or reported?
Customer: Nothing yet, just received word from him yesterday
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats the gist of it. There is a contract in place between Emplyer and Employee
Submitted: 2 months ago.
Category: Legal
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

IF THE CONTRACT STATES that the individual has to pay for the training if they do not fulfill a certain amount of hours for the employer after completing the training, then they are liable for the training fee. This is dictated by the terms of the contract.

However, IF THE CONTRACT IS SILENT on the matter, then the individual can leave without being responsible for paying back for the training.

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Customer: replied 2 months ago.
That is stated explicitly as below:"The Consultant may resign with or without reason as of a specified date that is at least four weeks after the LAAHK receives written notice from the Consultant of his/her intention (but not before 2 Year fulfillment of the contract). In the event that the Consultant terminates this agreement prior to 4160 Billable Hours ( Four Thousand One Hundred Sixty) of continuous employment with the LAAHK, the Consultant shall be liable for the following:
a. All training expenses LAAHK have endured $10,000.00 USD.
b. All marketing expenses minimum of $2,500 incurred by the LAAHK on behalf of the Consultant
c. Liquidated/repute damages (minimum $5,000) including but not limited.
d. immediate refund of all monies paid on the Consultant’s behalf to employment agencies."
Expert:  Ely replied 2 months ago.
Then unless 4160 hours are achieved, the employee would be liable for the debts in a through d, arguably.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.