What is the name of your state (only U.S. law)? Oklahoma
I have a question regarding an employment agreement that I, the "Medical Technologist", signed with my employer, the "Hospital", when I was first hired on 09/7/2016. I was terminated by my employer on 09/5/2017 after almost 1 year of full-time employment for complaints related to my phlebotomy skills. The agreement basically states that I would pay the cost of the job search fee of $6500 if I did
not complete 2 years of full-time employment. The disagreement is in the interpretation of the meaning of one statement of one clause in the agreement that follows (word-for-word):
2. For the "hospital" financially paying this fee, the "Medical Technologist" agrees to work for the "Hospital" Two(2) years of full-time employment. Should the "Medical Technologist" terminate employment for ANY reason the "Medical Technologist" agrees to pay the "Hospital" the full amount of the costs of search fee at 8% interest.
My employer has pro-rated, not even mentioned in the contract, the cost of the job search fee and paid the employment recruiter 1/2 of the $6500 job search fee and charged me the other half, $3200.
When I read and signed the agreement when hired, I interpreted the second statement of the clause to mean that only if I terminated employment (i.e. quit) would I owe the job search fee. While my employer says that it means that I should pay the job search fee, pro-rated in this case, regardless of how employment is terminated.
So my question is how a court judge or arbitrator would interpret this to mean and should I pay the amount the employer is asking for, $3200, or challenge it.
I would be glad to provide any additional information of significance or clarification of confusion, so please ask me for it.
Thanks for your time and any help you can offer!
I have a question regarding an employment agreement that I, the "Medical Technologist", signed with my employer, the "Hospital", when I was first hired on 09/7/2016. I was terminated by my employer on 09/5/2017 after almost 1 year of full-time employment for complaints related to my phlebotomy skills. The agreement basically states that I would pay the cost of the job search fee of $6500 if I did
not complete 2 years of full-time employment. The disagreement is in the interpretation of the meaning of one statement of one clause in the agreement that follows (word-for-word):
2. For the "hospital" financially paying this fee, the "Medical Technologist" agrees to work for the "Hospital" Two(2) years of full-time employment. Should the "Medical Technologist" terminate employment for ANY reason the "Medical Technologist" agrees to pay the "Hospital" the full amount of the costs of search fee at 8% interest.
My employer has pro-rated, not even mentioned in the contract, the cost of the job search fee and paid the employment recruiter 1/2 of the $6500 job search fee and charged me the other half, $3200.
When I read and signed the agreement when hired, I interpreted the second statement of the clause to mean that only if I terminated employment (i.e. quit) would I owe the job search fee. While my employer says that it means that I should pay the job search fee, pro-rated in this case, regardless of how employment is terminated.
So my question is how a court judge or arbitrator would interpret this to mean and should I pay the amount the employer is asking for, $3200, or challenge it.
I would be glad to provide any additional information of significance or clarification of confusion, so please ask me for it.
Thanks for your time and any help you can offer!