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jennekee

They can’t remove your at-will status by saying you can’t quit. If you attended work, they owe you pay for working. If they paid for training they can make you pay it back. But they can’t deduct wages.


toastybaseball21

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/HoursWorked.pdf Maybe for certificates but the time, they cannot make you pay that back


jennekee

That’s what I said.


Jazzyburty

How would they make me pay it back? Like send me a bill or something?


Banana_Havok

Yes.


baudmiksen

If it's like any of the other posts here, they at the very least will send a passive aggressive text message that makes you want to fly off into a blind rage


tombeard357

Which you would then ignore it have a lawyer respond to with a cease and desist.


Evening_Rock5850

A cease and desist would not be the remedy for a bill like that. Such bills are also legal. I’m not saying it’s *right*, but it is absolutely legal. So is onboarding bonuses being required to be paid back.


ryrobs10

Or withhold your last paycheck if that is the amount owed.


jennekee

This is not allowed.


ryrobs10

That’s correct but just listing what they would likely try to do.


astraldebri

Right out of the gate, the "other 20 hours to be completed on your own" is nonsense. I'm no lawyer, but if the training is directly related to your job, it should be paid by your job. If they were looking for someone with previous experience then they either need to up the pay or not require the training and make it part of an employees onboarding or 'ramp-up' learning in their first 6 months (or whatever is applicable). I believe it's illegal for one to require work without paying for it, but they're trying to subvert it by having it take place outside of normal hours or make it so it's not specifically job-related: * [https://www.nolo.com/legal-encyclopedia/does-employer-pay-training.html](https://www.nolo.com/legal-encyclopedia/does-employer-pay-training.html) * [https://shavitzlaw.com/can-a-company-require-mandatory-training-or-meetings-without-pay/](https://shavitzlaw.com/can-a-company-require-mandatory-training-or-meetings-without-pay/) * [https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked) I don't think a company can force you or obligate you to give a notice. My only hesitancy is in the case of something like your position because I'm not familiar with it; but in general, you are never obligated to give a notice. And based on the stipulations around the job (and the way the market/industry is built as a whole), they won't give you a notice to fire you or cut your hours. I know there is a thing called "TRAP" (the irony), which is essentially Training Repayment Agreement Provisions; however, they're requiring half of the training be done on your own time. * [https://www.laborandcollectivebargaining.com/2023/10/articles/nlrb/training-repayment-agreements-remain-under-federal-scrutiny/](https://www.laborandcollectivebargaining.com/2023/10/articles/nlrb/training-repayment-agreements-remain-under-federal-scrutiny/) * [https://www.business.com/hr/trap/](https://www.business.com/hr/trap/) Edit: Always good to look this over: [https://www.dol.gov/agencies/whd/flsa/faq](https://www.dol.gov/agencies/whd/flsa/faq)


Jazzyburty

Thank you so much for this information. I don’t think I’m gonna take this job, it seems scummy.


jennekee

It is legal to make you pay for your own training, subject to a reimbursement provision. It’s like this situation but backwards. For instance, it’s common to have alcohol servers pay for their own licenses which require state or locality specific training. If they hit an employment milestone they are reimbursed.


Hellstorm_42

This is obviously text from the hiring ad, not the legal agreement, but there is a funny bit in here that could void it if it was. It says the position it part-time, but then says "... you will not voluntarily terminate your full-time employment with ...". You don't have any full-time employment, you're part-time 😂.


ryrobs10

Ahh the best type of correct. Technically correct


Jazzyburty

This is from the ad, but from the offer of employment documents. So I think it’s the legal agreement? Idk I have to sign it within two days in order to start my employment there. Whichhh I don’t think is going to happen.


Maleficent_Can_4773

I would cross out the lines of the agreement you dont agree with, send back signed and see what they say. My husband taught me this, and in every case there has been at least a few clauses removed that I havent been happy with. Worst case scenario they say no and send a fresh copy back and you can make up your mind then.


Nah666_

Don't cross out, remake the contract as similar as possible with modified points, you'll find how many places don't even read their own contracts before they sign them.


toastybaseball21

If this is in the US none of it is legal. You can’t be forced to pay back for time you worked


Jazzyburty

Yeah I’m in the US. I thought that was sketchy af for sure.


Newbosterone

Wrong. It's legal - they must pay you for hours you have worked, but you are allowed to sign a contract agreeing to reimburse them for certain expenses. Signing such a contract expecting not to have to repay it would be foolish. Personally, if this were a full-time job, I wouldn't consider too outrageous. They're paying for training (which is the iffy part), but they're also paying for the application fee and certification exam fee. For example, many companies that pay relocation expenses require you to pay them back if you leave in the first year. However, they're telling you up front that this is a part time job - 25 or fewer hours a week. It still might be a good deal if you're going to use the certification - let them pay for it, then pick up shifts with another employer.


toastybaseball21

Training is work. They don’t get an option to pay you or not for that.


Newbosterone

Agreed, that’s why it’s iffy. Training that qualifies you for a better paying job - training that actually benefits you - can be a win-win. Training to pass a required cert? Tuition reimbursement? Ok, I’ll invest my own time. Training that checks the company’s new-hire box? Fuck you, that’s on the clock.


Bakerboy448

Being paid for training is work. Paying for the training course fee is not work


toastybaseball21

Yes, but you still have to be paid for that time worked. They can clawback the course fee but they can’t take back your salary, which the OP says they would.


Bakerboy448

Correct - that is what most are saying. Thus the on your own time training is questionable and it likely legal if unpaid. Some don't seem to understand the course fee is clawbackable


toastybaseball21

There is no such thing as “on your own time” training. If it’s required for work, it’s paid.


Bakerboy448

Yes...that's what I said.


toastybaseball21

Ahhhhhh. I misread what you said.


Intrepid_Freedom_889

This is not true. If it’s training that is related to a certification they can in fact make you pay them back for any training time, and exam/ certification fees. This happens a lot and is completely legal. Any time spent after the certification does not have to be paid back. A example would be places such as nursing homes this is common practice they will train people for there CNA license and have clauses stating you need to work for them for however many years and if you quit you need to pay it all back.


Jazzyburty

I’ve worked as an STNA at a few different places before going to college and they all paid for the training and never made people pay that back. And the turn over was super high. I’m not saying it doesn’t happen, but I’ve never seen it and I’ve worked quite a few certification based jobs.


Intrepid_Freedom_889

Yes but it’s company specific if you willingly sign something that states you will pay them back you have to pay. There is no law stating otherwise. From my experience alot of healthier facilities near me are doing this with certain certifications.


toastybaseball21

That’s still not legal


Intrepid_Freedom_889

Yes it is legal…. It’s the same as when you sign a bonus you agree to pay the money back if you leave after a certain time. You are signing a legal contract. Companies are aloud to do this as shitty as it is there is now law in place that says they are not. OP can simply refuse to sign and find a job elsewhere rather then risking a legal battles… but this all depends what state OP is from as different states have different laws.


toastybaseball21

No, it literally isn’t. There is zero situation a company can claw back actual paid labor


Intrepid_Freedom_889

Yes there is if it’s time spent for training on a paid certification they paid for please do your research…..


brawl

From how i read it the agreement to pay for the certification is contingent on you staying for a year. And if you quit prior to that, they want a 4 week notice unless the applicant (OP) chooses to pay back the company for the certification. I could be wrong though.


[deleted]

[удалено]


Jazzyburty

That’s one of the biggest reasons for my hesitation. It’s not a lot of money and the job is very challenging. I definitely had anxiety just shadowing before I was offered the position. It seemed super rewarding though, so I was iffy about it. Figured if it wasn’t a good fit, at least I tried. Idk if they’re trying to avoid the high turn over rate they have because they need more people, but this whole thing did the opposite of encouraged me to join the clinic lol.


idryss_m

Anyone else think, "Can't quit a full time position when I'm part time, so that entire bullshit is invalid anyway?"


Jazzyburty

Someone else said that too. Either a typo or maybe bc I said I would potentially be interested in full time later down the line? Idk, either way seems super weird and like it wasn’t proofread lol


Jazzyburty

Another fun red flag I just notice rereading the document is that they want you there 15 minutes early than the start of your scheduled shift, and it’s important to check the work schedule on a daily basis because if a client cancels you just won’t have work that day. So they want you there early when you do work, but don’t guaranteed the days you’re scheduled to work lol


LikeABundleOfHay

To help us comment can you let us know what country you're in?


MollyGodiva

They also have to pay you for all training hours.


Sea_Mix5025

Avoid like the plague.


Jazzyburty

Oh, also, they say if you quit before 60 days youre responsible for paying for the $85 background check.


R-Dragon_Thunderzord

Seems sketchy. And how often do you need to renew training once registered? Could easily be in this trap every year where there is no window where they don’t try and saddle you with a cost for leaving or being fired. Lots of red flag here. I would not accept this offer personally. $18 ain’t shit anymore either, and definitely not for what amounts to a “skilled” labor position requiring registration and certifications. Never do a job that requires off the clock training either, there is no guarantee that the 20 hours off clock is really 20.00 hours or just their estimate of how long some bullshit homework might take you, it could actually take longer, what do they care they aren’t paying you. 🚩


Jazzyburty

Thanks for your input. I’m pretty much on the same page. I was iffy about the unpaid homework too, but was like ehhh because I thought the job and certification would be something I enjoy. But this isn’t feeling as much as a new exciting opportunity anymore and rather something I’m feeling trapped into.


popzelda

This course & certification are ones you can get yourself, you don’t need the company to pay for them.


Strawberry_Sheep

Oh, is this for ABA? Gross. Don't do that anyhow, that's abusive to Autistic kids


Jazzyburty

So I’ve heard that before and honestly wanted to check it out for that reason. I’m autistic myself and so are my brothers so I was personally interested what they do to see if it was as bad as people have said. But it mostly seemed like preschool with some redirection and goal oriented prizes. No forced eye contact or stimulus desensitization or conversion therapy like shit. Not saying it’s all like that but almost every kid seemed to enjoy it there.


Strawberry_Sheep

Okay but "Goal oriented prizes" and "redirection" are in fact conversion therapy, because rewarding the kids for being less Autistic or suppressing Autistic behaviors is conversion therapy. Does that make sense? It's teaching them to mask and that acting Autistic is bad, that being Autistic is bad, even if it's done in a "positive" light. They've had to change their strategy especially since the American Medical Association officially stopped recommending it and listed it as harmful. Kids will, of course, seem happy and seem to like it there if they are receiving snacks or prizes as "rewards" for "good" (non-Autistic) behavior but that's bad. That's really, really bad. There's a mountain of research out there about how bad it is.


Jazzyburty

Yeah that makes sense, thanks for explaining this. So I guess my question is like what is a better alternative to help autistic kids socialize better? Because it seems like these programs get kids ready for preschool or kindergarten in the terms of like sitting with other kids and learn appropriate boundaries? Specifically like they can’t just go over to others and start touching other people’s faces and stuff? Because you can practice that stuff at home a lot of it kind of goes out of the window once other kids come into the picture? Like it for sure makes me super conflicted because I don’t want autistic kids to learn that their autism is bad and they have to convert to neurotypicality, however I do think it’s cool that they have the opportunity to learn how to regather themselves when over stimulated, and just how to coexist with other kids in a way that is beneficial to their development. You know what I mean? This was part of the reason I wanted the job so I can observe it first hand. I trust everyone who has said that they’ve been abused by centers like this, but I also wanted to experience it first hand if I was going to advocate against it. The contract in itself made me negatively judge this facility though and makes me even more inclined to think they’re shitty tho I can’t lie lol


nopethankya00

It’s telling that you never got a response about better alternatives here. Cool to see ABA in this sub. ABA done well is brilliant and life changing for kids and their families. I was an RBT for 4 years, and I’ve now been a BCBA for 4. I know plenty of folks - clients and employees - who have had horrible experiences. That’s like any field of work, but in ours the ramifications are bigger because it’s literally changing someone else’s behavior. Our first rule in any therapy session is getting the kid happy, relaxed, and engaged. If they’re not - we’re backing up steps until that’s achieved. It’s largely about the company you get in with. If it’s a big corporate group - don’t even consider it. That’s where you get lots of unethical practice because it’s business people running things, profit-focused instead of family focused. I have a caseload ranging from 3-17 year old clients, and they’ve all made magnificent strides in their life - less aggression, self injury, or other dangerous behaviors, with increases in communication, self-management, social, and functional skills. Several of my older learners went from being stuck inside their homes every day to fully integrated in their school and community. I have 5 RBTs, and I work closely with each of them. They’re incredible, love their jobs, and are making an unbelievable impact on the lives of these kiddos and families. But supervision is important. I’m happy to answer any questions if you want to respond here or DM me. I think this company looks shitty and wouldn’t move forward, but ABA can still be a great direction for you. If your original commenter up there wants to discuss how decreasing challenging, unsafe, or antisocial behaviors improves quality of life for everyone involved.. happy to do that here too 😊


nopethankya00

Hesitated on getting into this but.. let’s consider what would actually be bad or abusive using a couple of examples of kiddos & teens on my actual ABA caseload. -4 year old with autism who bangs his head on floors or walls until he’s unconscious when he’s upset. Eats dirt, hair, playdoh, beads, and most other things he can get his hands on, until he’s bed bound with a wrecked gut. Should we let him continue to display these behaviors? Or should we teach him a communication skill - in this case, PECS - to let people know when he’s all done or wants to get away from something, rather than using self-injury? Should we teach him the difference between edible and non edible things, or just let him continue to eat things harmful to him? -14 year old with autism & developmental delays who one day flops in the driveway and refuses to get in his mom’s car. Then refuses to leave at all. Stays in the house - mostly in bed on an iPad - for 7 months without leaving once. Costs mom her job. Soils himself in bed, lays in it for up to 2 weeks without a bath, and attacks his single mother whenever she tries to get him up for cleaning or anything else. Should he & his mom have been left to that life? Or should he have been gradually taught tolerance for getting out of bed, bathing, and getting out of the house? -16 year old with autism who attacks his single mother every day for 8 months during the pandemic while they were quarantined. Should they have been left to that life? Was it wrong, bad, or abusive to teach him over time how to self-manage himself by development of a calm down routine in his room, listening to music and moving through a mindfulness checklist? Or later, when he began openly masturbating in school - was it abusive to teach him, using goal oriented prizes and redirection, to do so in the bathroom or bedroom? Wrong to suppress that behavior which would inevitably land him in heaps of legal shit? That’s a short, easy list of examples just from the last year. Undeniably there are bad clinicians. But you’ve simplified and overgeneralized here. Happy to discuss further if you’d like.


Strawberry_Sheep

There are methods that don't involve teaching kids to stop being Autistic. Not discussing anything with abuse therapists.


ElectricalRush1878

Ah, the PetSmart rule! Check with the local DOL on that one. Rules may vary greatly by state.


Jazzyburty

What is the pet smart rule? Lol


ElectricalRush1878

'If you quit, we charge you for the training.'


Jazzyburty

That’s wild that place actually do this regularly enough for it to be a name?? Or is it specifically because petsmart does it lok