Training Wage Recoupable if quits?

Provided by:  Jennifer Kirschenbaum, Esq.

July 26, 2022

Question:

Hi Jennifer,

I own a small practice in New York. I keep training and losing staff before they become productive. Doesn’t seem fair.  If they quit right after training can I take back their pay?  

Thanks,  
Dr. J

Answer:

We see this plenty.  We can definitely assist in structuring  your employment agreements as an advance.  The only "watch out" is making sure any recoupment of monies paid do not mess with state minimum wage requirements.  We can craft language, and then you have to stick by the language, that no recoupment will be made on amounts that satisfy minimum wage requirements set by law.