KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** can you recoup training expenses from departing employee September 25, 2025 *********************** more on customer sells business; now what? from article on August 1, 2025 ******************** can you recoup training expenses from departing employee ******************** Ken We spend a good deal of money training our technicians with outside training programs. We hope they stay to work for us but sometimes they don't. Can we charge them back for the cost of the training? anon ********************* Response ********************* The general answer is, yes you can charge them for the training. All employees should be signing a K&K Employment Agreement upon hiring; that includes all employees, techs too. The Standard Employment Agreement, which K&K does customize state to state, does not however contain a training repayment agreement; K&K will have to add that to the form or prepare a separate Training Repayment Agreement. Note, a Training Repayment Agreement may not be lawful or enforceable in all states, so we will have to research it once you order the form. Even in states where the Training Repayment Agreement is enforceable there are restrictions and requirements for drafting and enforcement. You may need guidance in specific situations because criteria for enforcement may vary and circumstances are usually different. There are several areas that the Training Repayment Agreement will address, including: * reasonable timeframe for how long employee must work for you after the training * that training is voluntary on the part of the employee and that the training isn't something that the employer is legally required to train the employee on, such as safety issues, in which case the training is for the benefit of the employer more than the employee. * training should not be mandatory * repayment must not be more than the training costs * repayment should not be overly burdensome; employer can't make it impossible for employee to leave * repayment should not make it unreasonably difficult for the employee to seek other employment How you recoup your training investment is another matter. You may not be permitted to deduct it from wages; you may need to permit a payment plan. These are issues that need to be addressed for specific relationships because there are differences for different level employees. When you're ready K&K Employment Department is here to guide you. Contact Diane Henriquez at dhenriquez@kirschenbaumesq.com or 516 747 6700 x 328 and she will coordinate with K&K Employment Department. For the Employment Agreement you can order that at https://www.kirschenbaumesq.com/page/alarm-contract and if you want it modified to include Training Repayment provisions contact K&K Contract Administrator Eileen Wagda at 516 747 6700 x 312 or EWagda@Kirschenbaumesq.com ***************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
