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Old 07-07-2017, 03:22 PM
  #4631  
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Originally Posted by Xdashdriver
When you sign the training contract you agree they can take the money from your paycheck. It's one of the clauses in the contract.
No you do not agree to that, and they can not withhold wages for a training contract. They can send you a bill and take you to court but never can they deduct it from your wages. That goes all the way back to the coal towns at the turn of the century, and its illegal.
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Old 07-07-2017, 05:00 PM
  #4632  
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Originally Posted by Navmode
He means you're beating a dead horse. You have like 8 posts saying essentially the same thing. We get it, you think training contracts are great.
I never said I like training contracts. But I do not like dishonesty.
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Old 07-07-2017, 07:14 PM
  #4633  
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Have you ever walked into a situation where everyone was suffering from Stockholm Syndrome, and were supportive of their captors, and you thought to yourself, "I want to join them"?
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Old 07-07-2017, 07:27 PM
  #4634  
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Originally Posted by Is offline
No you do not agree to that, and they can not withhold wages for a training contract. They can send you a bill and take you to court but never can they deduct it from your wages. That goes all the way back to the coal towns at the turn of the century, and its illegal.
Then what, pray tell, does paragraph 6 of the training contract mean?

"Pilot acknowledges that Mesa has the right to offset the unpaid balance of this Note against any compensation owed to Pilot in the event Pilot voluntarily leaves employment with Mesa prior to the expiration of twelve (12) months of the date of successful completion of Mesa's pilot training program or prior to Pilot's payment of the outstanding balance of this Note."

And then as to the legality of it:

Arizona Revised Statutes (ARS) 23-352. Withholding of wages

No employer may withhold or divert any portion of an employee's wages unless one of the following applies:

1. The employer is required or empowered to do so by state or federal law.

2. The employer has prior written authorization from the employee. An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization, unless the withholding is to resolve a debt or obligation to the employer or a court orders otherwise.

3. There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee.

Last edited by Xdashdriver; 07-07-2017 at 07:41 PM.
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Old 07-07-2017, 09:57 PM
  #4635  
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I don't see how that's even legal under federal law. I wonder how the courts would rule on that if challenged. The judge here might be able to comment more on that. That's AZ law, what if you are based in another state paying taxes there. What court has jurisdiction to hear that case?
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Old 07-08-2017, 12:07 AM
  #4636  
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Originally Posted by CWHCFI
I never said I like training contracts. But I do not like dishonesty.


I wonder if it's capable of thought.
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Old 07-08-2017, 04:06 AM
  #4637  
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Originally Posted by stbloc
That's AZ law, what if you are based in another state paying taxes there. What court has jurisdiction to hear that case?
Great questions. As previously stated, seek competent legal counsel in your state.

There are often venue challenges to filed cases (Motion for Change of Venue). Party A files suit in their home country, party B wants it tried in their home country 3000 miles away. Why:
Court B might have proper jurisdiction.
Party B wants home-field advantage.
Party B wants it to cost Party A more $ to play.
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Old 07-08-2017, 04:19 AM
  #4638  
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Originally Posted by Is offline
No you do not agree to that, and they can not withhold wages for a training contract. They can send you a bill and take you to court but never can they deduct it from your wages. That goes all the way back to the coal towns at the turn of the century, and its illegal.
But it will show up on a credit report, and that will follow you on every loan/ mortgage application and to your interview with an employer.
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Old 07-08-2017, 05:41 AM
  #4639  
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Originally Posted by stbloc
I don't see how that's even legal under federal law. I wonder how the courts would rule on that if challenged. The judge here might be able to comment more on that. That's AZ law, what if you are based in another state paying taxes there. What court has jurisdiction to hear that case?
This was talked about last nite at the pub event. Mesa is going after people and winning, regardless of where they live. It az law since that's where your employer is.
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Old 07-08-2017, 05:54 AM
  #4640  
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Originally Posted by MagPBS
This was talked about last nite at the pub event. Mesa is going after people and winning, regardless of where they live. It az law since that's where your employer is.
Does Mesa still require a promissary note when upgrading to captain?
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