Resigning advice

[blanc]

Hi Guys

I am about to resign from my current job and start a new one, no problem there.

Only snag is that my current employer contributed towards some fees for the MBA I have been working for in the evenings. :read:

There was a clause in my contract saying that if I leave "within 2 years of the course date" I have to pay any fees back.

Although I suspect it makes no difference, the money they paid was 1 year ago although technically my course isn't finished as I still have a dissertation to write.

If I really, really have to I could pay them back, but it would wipe out my Caterham fund. :(

Over my employment I have got on well with everyone (directors and clients) and made a significant positive contribution towards the cashflow of the company.

Any ideas to keep the Caterham fund alive? :thumbup:

[Plotloss]

If its all very amicable I doubt they will mention it to be honest.

[blanc]

Plotloss said:

If its all very amicable I doubt they will mention it to be honest.

Thanks for the quick reply.

That's what I'm hoping although having seen a couple of people leave before me it all seemed to get a bit nasty.

Hoping I'm better 'friends' with he bosses than they were.

[vex]

If your new employer wants you could you get him to pick up the tab?

If the MBA is useful to them I would certainly ask the question.

[blanc]

vex said:

If your new employer wants you could you get him to pick up the tab? If the MBA is useful to them I would certainly ask the question.

Good idea, I have yet to formally accept the other offer so now is probably a good time to test to water. At interview they said the MBA was of interest o them.

[poorcardealer]

If they really want you to pay it back offer them an amount per month.........

[rsvmilly]

poorcardealer said:

If they really want you to pay it back offer them an amount per month.........

The worst they can do in the short term is take your last pay cheque. If it's more than that then they can accept your terms - or sue you (which would not benefit them at all)

[Davel]

Play it by ear.

Don't mention it and see if they do......

[jeremyc]

vex said:

If your new employer wants you could you get him to pick up the tab? If the MBA is useful to them I would certainly ask the question.

Or if you have to pay it back, simply ask your new employer to buy you a Caterham.

[blanc]

jeremyc said:

Or if you have to pay it back, simply ask your new employer to buy you a Caterham.

Now you're talking!

Thanks for the views everybody.

I think I'll keep quiet and if they say anything offer a low monthly payment and go from there.

[apguy]

<Quote>
The worst they can do in the short term is take your last pay cheque.
</Quote>

The good news is that it is illegal to do the above.

See www.adviceguide.org.uk/e_employer_witholds_your_pay.pdf for a bit of basic info (PDF document)

Any monies owed to the company have to be requested from the employee and are not allowed to be deducted directly from pay. (unless your signed contract specifies otherwise). If you cannot agree on a repayment method this usually leaves the employer with having to recourse to legal proceedings.
As an employer myself, final pay deductions can be a minefield.

[Davel]

How did it go?

[blanc]

Davel said:

How did it go?

Meeting with boss booked for Monday. Still deciding which one of 2 offers to accept.

I'll be sure to give an update.

Thanks to everyone for some good advice!

[pdV6]

...and ask for a contribution to the course fees from the new place anyway, even if the current place doesn't want them back.

[adrianr]

Flipping over the coin, how does this stack up from employers point of view? e.g. If I agree to fund some training, is there any way I can recoup costs if employee decides to leave? Is a written agreement at the time enforceable?

AdrianR

[blanc]

adrianr said:

Is a written agreement at the time enforceable? AdrianR

I think this is what it comes down to should everything else fail.

[Jasper Gilder]

I used to be involved in running an HGV training school in the formative years of my career and we always got trainees to sign an agreement the they wouldn't leave th ecompany for two years after the course anfd if they did a proportion was to be paid back in line with how long it was since the training.

It's all pretty well unenforceable, we never got a penny back off anyone. You can't deduct money from people's wages without their previous full written permission and the amonts involved are too low to bother about court action.

Lets face it, if you think an employee is good enough to train and you train them, but then don't provide them with the satisfaction to stay in the job it's as much your fault as the employer that they have gone. Also you have had the benefit of the enhanced performance the training gave you whilst the employee was still with you.

[blanc]

I did the deed this morning and everything is fine so far with no mention of fees.

Not sure I've heard the end of it yet but at least it doesn't appear to be the nasty mess that I have seen here in the past when people leave.

Will update if anything else happens.

[blanc]

Update:

The subject of fees eventually came up and they want them back.

Tomorrow morning I have to explain how I do it.

From the way my boss is talking I don't think the pitiful amount I was planning on offering will go down to well.

I think it's about to get bumpy.

[stevieb]

blanc said:

Update: The subject of fees eventually came up and they want them back. Tomorrow morning I have to explain how I do it. From the way my boss is talking I don't think the pitiful amount I was planning on offering will go down to well. I think it's about to get bumpy.

Just wondered if you have had an update, as i am going through the same thing and they are constantly threatening to deduct the fees from my final salary. But the thing is that they have not had written consent from me that i agree to the terms and conditions of going on this course and it is not written into my contract..

So i am also in limbo