South Carolina Training Expense Agreement

State:
Multi-State
Control #:
US-325EM
Format:
Word; 
Rich Text
Instant download

Description

This form sets forth the terms of a training agreement in which the company advanced full or partial payment for employee training.
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FAQ

Because South Carolina doesn't have its own tip and wage laws, South Carolina employers must follow the federal tip credit rules. This means that South Carolina employers can pay as little as $2.13 an hour, as long as the employee earns enough in tips to add up to the federal minimum wage of $7.25 an hour.

A contract is defined generally as an agreement between two or more persons upon sufficient consideration either to do or not to do a particular act. Stated another way, there must be an offer and an acceptance accompanied by valuable consideration. These principles govern contract formation.

A training agreement is a legally enforceable contract that sets out the terms and conditions of any training that you provide your employees. It establishes the cost of undertaking training, and who is responsible for paying.

So, here's the takeaway: employers can require employees to pay back educational costs if the employee quits early, so long as the educational program was both voluntary and not specific to the employer's operations.

Employers sometimes attempt to recoup the cost of such training from employees through various means, but if an employer requires an employee to undergo training, it cannot force the employee to bear any portion of the cost, even if the employee resigns shortly after completing the training.

Can employers deduct your pay for training? If the employer is relying on a contract provision or written consent from the employee, the answer is Yes. If the deduction for training occurred without such authority, then the deduction would be illegal and the employee may have a potential employment claim.

Training Agreement means a written agreement between the University and the person employed as a trainee. This agreement shall be approved and signed by the Supervisor of Trainees.

Courts in the past have considered the enforceability of training bonds or requirements to repay relocation expenses based on claims that: the payment exceeds the true costs of the employer and therefore is a 'penalty' the agreement was achieved through duress and therefore is not enforceable.

According to the Employment Law Handbook, while some states may allow your employer to make you pay for training costs, federal labor law still requires your employer to pay you at your regular rate for the hours you spend completing required training.

The short answer is yes, a properly drafted training bond is enforceable. When looking at training bond agreements, there are certain things you need to consider.

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South Carolina Training Expense Agreement