Ask a Law Question, Get an Answer ASAP!
This invoice was for the month March
Can you let me know if you are still dealing with my question?
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
It is unlikely that the school would be able to impose the terms of the agreement on you, although not impossible. Whilst training expenses can be recovered by an employer, the arrangements around this and your agreement need to be clearly documented. Whilst a retrospective agreement could be legally enforceable, it has to be legally implemented. This means that you must have agreed to it for it to be valid. In your case you did not specifically reject the agreement but simply failed to sign and return it. Whilst they could argue that by continuing to work under the other terms of the agreement you had implied your acceptance, that will not be easy to prove. This is especially when it comes to detrimental terms such as repayment of fees.
So you are certainly able to consider making a claim in the Small Claims Court for the amount owed – if the employer believes you owe them money they can just make a counter-claim instead and both will be heard at the same time, with a Judge deciding on who owes who what.
They sent me an email, can I copy paste it here?
I have never agreed to it verbally or in writing that I agreed to the contract, and they never told me that the contract would be valid if I start working after I received it. As far as i know is it their word against mine then?
Well as mentioned there is such a thing as 'implied acceptance' where your actions suggest that you have accepted the contract even if no acceptance was made verbally or in writing. However, it is then for the employer to prove that by doing what you did you had implied your acceptance and it can be your word against theirs, hence why they can counter claim if needed and it is really for the court to decide
So legally they don't have anything to take me to court for
Because in the contract state: no variation of this agreement will be valid unless confirmed in writing and signed by or on behalf of both parties
That would apply after the contract is accepted and as mentioned there is still the possibility to argue that you had implied your acceptance beforehand
So they can still take you to court if necessary but whether they win is another matter which would be quite uncertain
Okay because they gave me the contract during my appraisal and they always make notes of the appraisal. this is what they wrote down: Shauni Peeters given copy of staff contract - will read at home and return to Sarah Friend the soonest
Yes I understand but this is a matter of contract law, this is not to do with what they would usually do, so whilst their argument is certainly not strong or guaranteed to win, they may still raise it if needed, just as you can raise yours that you are owed that money
Should I reply by email then or immediately take them to small claims court?
you do not have to reply, from a legal point of view anyway, so it is up to you whether to try and resolve this directly with them or just go to court
Okay but as I understand they argument is not strong to win but neither is mine then
that is the nature of many disputes unfortunately - with these types of claim it is really down to the Judge to make a decision based on what they see, read, hear and believe is the fairest outcome, but at least the small claims court is reasonably risk free without you having to pay out huge costs or penalties if you lose
Yes but if I lose I have to pay them money because they even say I owe them money because of the training I had
yes correct but it would mean that you were legally obliged to do so anyway because a court has decided that
okay I thought my arguments where stronger then theirs but I needed to check if they had anything against me
I would say yours are stronger but they do still have on argument of your implied acceptance so it is not 100% in your favour that's for sure
Yes I understand
I will sent them an email back and definitely try the small claim court
ok you certainly have the right to do so
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Yes at the moment it answered all my questions, I'm just drafting a reply email but can I still ask anything if I have some questions today?
I am going offline shortly so won't be able to deal with it until tomorrow if necessary, but you can always post a follow up query on here
but if you don't mind leaving a rating for the information so far I would be grateful and the question won't close, so you can ask follow up queries as needed, thanks