Do I have any valid rights in this situation

Hey guys,

Just got an email that really pissed me off, and I wondering if I have a leg to stand on to challenge it.

I used to work for a well known, global travel agency brand. While working with them I worked toward a Certificate in Retail Travel Sales with an educational provider that this company supplies. Once the certificate is completed the educational provicer is meant to pay you a $500 incentive.

I decided to leave the travel agency several months ago. But prior to doing so, I asked the trainer of the Certificate if was able to finish it since I was so close. She said yes and also told me SPECIFICALLY that I would still receive the $500 incentive, even though I was leaving.

Fast forward to yesterday when I emailed the educational provider to find out what date the incentive will be paid. (Your final payment from said travel agency brand is paid out to you three months after you leave). I got an email back just before basically saying 'sorry the trainer made a mistake in telling you that you would get the payment, we aren't going to give it to you it is clearly told to you you don't get the incentive if you are no longer working with (travel agency brand)'.

What this educational provider used to do was get you to sign things simply by pointing at areas of the workbook and saying 'Just sign here, here and here'. I am wondering if this is how they have got away with telling me that it was clearly told to me when it actually wasn't? It's illegal to get people to sign legal documents without explaining terms and conditions, but I'm sure that won't stop them from saying 'It was page 44, paragraph 44, sub paragraph 451, section d, clause 1 etc of the contract YOU signed'.

Do I have a leg to stand on? It REALLY sucks for them to tell me that I will get it, then to turn around and say 'whoops that was a mistake, sorry no'.

 

Unfortunately, you do not have a leg to stand on if they have paperwork backing up their argument and all you have is the "he said/she said" argument. You can still certainly discuss these matters with your state's labor board, but you won't likely get very far. I understand where you are coming from, though, I work for a company that keeps doing sneaky slightly illegal things, but I live in an at-will employment state, so even if the whistler blowers' act was upheld, they could find any other reason to fire me after ratting them out, and they would. I have seen it happen. Corporations are shady motherfuckers.

 

lol..youre blaming someone for your stupidity of signing a document without reading it?...are you American?

 

I've fucked myself over signing leases in the past and not staying the full amount of months to get my deposit back, but bah who cares?

 

I am not blaming anyone for that. I said that in the post. Try re-reading and counting to 10 before posting. :2thumbsup:

Actually the educational provider is now saying that information about not getting the payment is on their intranet site, which they DEFINITELY didn't ever mention before.

But I think you're right Kinky - thanks for the helpful, constructive advice!

 

My tiny little company is incorporated, so now I get to be shady! :hurray:

 

Just chock it up to a lesson learned.
Doesn't matter if it's a one paragraph document or a multi-chapter book, a contract is a legal document and the assumption is that a person would have read it before signing.

My suggestion is to request a copy of all the documents in your employee file, they are required by law to provide them to you or in the case of sensitive/proprietary information, you are allowed to view it. Don't take no for an answer. Better yet look up the specific laws governing your rights as an employee in your state and go armed with information!

Go back and read what you signed, who knows, you may find something in the contract that works in your favor.
Is the $500 worth it to you to do a little legwork?

I worked for about 20 years in retail management and I always made my employees read the manuals and paperwork and all the union junk.
Why?
So they knew their rights and responsibilities and also the responsibilities of the company towards them as employees.
I did it for their benefit, not mine.

Plus I'm not too sure about the idea that is illegal for them to not explain the contract, but they can't prevent you from reading it and asking questions.

As far as any shady underhanded, deceitful, barely legal aspects of your situation, you'll never know unless you read the paperwork.

 

you said you signed it where they pointed to "Just sign here, here and here"

you're a moron for signing and not reading it first..and you probably didnt even get a copy of the contract

and you're saying "they" broke some law by not explaining it all to you like a little child before you signed it...

go ahead and sue them..if you're in the U.S. you might even win

 

Exactly...

Also, does this "training place" have a physical office with a window?

If so, would a brick propelled by a human arm have enough force to penetrate the pane of glass?

If so, do you have a hoodie and gloves and whatnot?

If so, SMASH THAT SHIT it'll cost them more than 500 dollars depending on the window.

 

First of all, thanks for indicating that it's fine to resort to name calling in these forums. And all this time I thought we would at least get a warning and at worst get banned! I am really happy you cleared that up for me - BTARD. It made your argument look super intelligent, really made me want to respond with an equally calm and rational argument, and best of all - gave me the freedom to call you a misinformed douchebag who obviously REALLY doesn't know how to close read! :2thumbsup:

Go back and read FOR THE THIRD TIME. Not once did I say I was BLAMING them for ANYTHING to do with the signed agreement when I began the course. Of course I understand it's my responsibility to read before I sign.

The issue is that the trainer specifically told me over and over again that I would get the incentive regardless of the fact that I was leaving and regardless of what I signed. She has now fobbed me off to some other random guy in the company who has just said 'Sorry she made a mistake, too bad for you, you don't get $500', and then told me it's explained on an intranet page which they definitely didn't ever mention or tell us to look at. Nor did they tell us to look at it, and then sign the agreement to confirm that we had. So therefore I am pissed - as anyone would be - that I was told something over and over again. And am now being told something totally different.

In Australia (where I worked at this job) it was a requirement for all terms and conditions to be explained to a signee before they signed a contract.

Noxious -that is really good advice. I am searching through the paperwork now, but if need be I will certainly contact them and ensure they send everything through to me. There is something really fishy I think, about them suddenly mentioning the intranet page out of nowhere and basing their argument on that. This is company that has had numerous legal issues and consumer fairness issues in the past. So who knows? I may come out on top!

Death - Great idea. Pity I am no longer in the same country. Maybe I will just think really mean thoughts from afar.

 

if you understood that a written contract over rides all oral ones you wouldnt even be asking this ridiculous question

you just want money for nothing...from a company you bailed out on

and nope..im not reading that shit again

 

You're lucky you don't have to pay for the courses you took. Every employer I've known to provide education, requires you to work a certain amount of time with the company after completing the courses.....Usually 2-5 years. Otherwise you have to reimburse the company for the classes they paid for.

 

i guess i should apologize for the name calling


I wouldn't want anyone to call me an American either :d

 

Hey just because were a bunch of paranoid, gun totting, homicidal and suicidal maniacs doesn’t mean you have to call us names

Hotwater

 

THe development of this thread has been entertaining.

 

Sorry BBAD, you are on my ignore list, which means I am not interested in anything you have to say, and happily no longer have to read any of it. Just FYI.

I have just moved back home, so am trying to find all my shit to get to the bottom of this. But I think everyone is right, it's not looking good at this stage. Will keep you posted. Death's idea is still the most tempting.

 

LOL reminded me of finding nemo when the fish is like "Probably an american" :2thumbsup:

 

that's interesting.. if i decide someone isn't worth my time, i just ignore them, rather than putting them on my ignore list and continuing to talk to them.

also, i thought you couldn't ignore list mods.

 

it was changed a few years ago...probably due to certain jackasses that couldnt be ignored because they were moderators of their own personal forums

 

I usually don't tell them either, just letting him know so he doesn't keep posting drivel that I am never going to see. Otherwise he might be left with only the remaining 23 hours and 50 minutes he spends on HF everyday. Don't want to cut into his posting time.

And you can definitely ignore list mods because I have no idea what he has said above me. Purpose served.