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Employment contract interpretation of wording disagreement

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Robsudol

Junior Member
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!
 


eerelations

Senior Member
You seem to have interpreted it correctly. To be sure, run it by an attorney who specializes in contract law, and then tell the hospital what the attorney says to you.
 

LdiJ

Senior Member
It read the same way to me too. I believe that the OP has it right, not the hospital.
 

GoBoilers_MSU

Junior Member
Agree with the above two posters. It is very clear that the provision applies to you, not the hospital. A letter from an attorney should straighten this out.
 

Robsudol

Junior Member
Contractual wording interpretation

Thanks for the responses. I will check with an attorney on this, as advised!!
 

cbg

I'm a Northern Girl
It would be quite unusual for an employer to have the right to reclaim any type of bonus or relocation allowance when they instigate the separation, with the possible exception of a gross misconduct occurrence.
 

latigo

Senior Member
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!

There are others at the hospital that need to get the mitten. Those that have difficulty reading and comprehending crystal clear English!

Of course you aren't going to pay it. Its thoughtless foolishness.

If they choose to take you to court and wish to come out wearing an omelet and ordered to pay your court costs and attorney fees, so be it.
 

Robsudol

Junior Member
To pay or not pay, that is my dilemna

Thanks, your response and support is like a Devine blessing to me! You could have saved me thousands...literally ( I wish I could repay you somehow)
 

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