AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Training Rights, Requirements and Cost Reimbursement
Monthly Law
Journal Article: "Training
Reimbursement Contract," 2007 (3) AELE Mo. L. J. 201. [March 2007].
Monthly Law Journal Article: Legal Aspects of Training
Injuries -- Part One, 2007 (8) AELE Mo. L. J. 201.
Monthly Law Journal Article: Legal Aspects of Training
Injuries -- Part Two, 2007 (9) AELE Mo. L. J. 201.
Monthly Law Journal Article: Regulation of an Employee's
Off-Duty Activities Part Three- Participating in Unapproved Training Programs
and/or Membership in Controversial Organizations or Events, 2008 (2)
AELE Mo. L. J. 201.
In the absence of any evidence that
would allow apportionment of police academy costs between basic training for
state certification and employer-mandated training, a city could not legally
enforce a contract requiring recruits to reimburse the city for a portion of
their training if they left within five years and went to work for another law
enforcement agency within one year after leaving. In re Acknowledgment Cases,
#E058460, 239 Cal. App. 4th 1498, 2015 Cal. App. Lexis 770.
An employee of a county sheriff's department was
working as a civil deputy process server, but was entitled to carry a weapon
and had arrest powers. He was asked to undergo Taser training, and, as part of
that training, to receive a single one-to-five-second exposure to a Taser
shock. He sought to avoid this part of the training because of a medical
condition involving his back, for which he had previously undergone surgery. He
was offered the alternative of either termination or transfer to another
position monitoring prisoners on a computer screen at the county jail. He
declined the transfer, and was fired. He claimed that his termination was
disability discrimination in failing to reasonably accommodate his medical
condition by allowing him to avoid the Taser shock exposure training exercise.
The court ruled that undergoing the Taser training involved an essential job
function of the plaintiff's position. Even if he were held to have a
disability, the offer to transfer him to another job constituted a reasonable
accommodation. The court also rejected the plaintiff's due process claims
concerning his termination. Robert v. Carter, #1:09-cv-0425, 2011 U.S.
Dist. Lexis 47975 (S.D. Ind.).
Ninth Circuit enforces a training contract
requiring a police officer repay 80% of her $8,000 training cost. She resigned
before completing her fifth year of service. Although the FLSA applied, she was
paid substantially more than the minimum wage. Gordon v. City of Oakland,
#09-16167, 2010 U.S. App. Lexis 23803 (9th Cir.).
Police Dept. was not required to pay the salary
of a police officer who was required to repeat basic training after a five-year
absence, while serving as a state representative. Santiago v. Methuen Police
Dept., #09-P-1228, 77 Mass. App. Ct. 1116, 2010 Mass. App. Unpub. Lexis 948.
Louisiana appellate court upholds the termination
of a firefighter who failed to complete EMT training during a required
six-month period. Meiners v. St. Tammany Fire Prot. Dist. # 4, 2009 CW 0435R,
2010 La. App. Lexis 1223 (1st. Dist.).
Federal court upholds a management rule that
"no personnel will attend any police related schools whether it be on your
time and expense or the Borough's time and expense unless authorized by the
Chief of Police." For reasons of liability, management has a legitimate
interest in knowing what training officers are getting. Johnson v. Borough of
Palmyra, #1:04cv5370, 2007 U.S. Dist. Lexis 56628 (D.N.J.).
Federal agencies will be required to collect
detailed information on current training programs and needs and to
electronically report the data to the Office of Personnel Management. Among the
specific proposed information requirements are the names of workers receiving
training, the duration of the training, where they are receiving the training,
the cost of the training, the number of hours of training for each worker.
Training: OPM Reporting Requirements, 5 CFR Part 410; RIN 3206-AK46; 71 Fed.
Reg. 28,545 (5/17/06). {N/R}
Dept. of Labor issues a precedent-setting opinion
that public employers may not deduct from final paychecks, amounts due under
training cost reimbursement clauses, except to the extent the compensation
exceeds the federal minimum wage, including overtime. Wage & Hour Opin.
Ltr. #FLSA 2005-18, 2005 DOLWH Lexis 20 (May 31, 2005). [2005 FP Oct]
Seventh Circuit upholds a collective bargaining
provision requiring a firefighter to repay the full cost of his books and
tuition for EMT training, even though he switched employers during the 30th
month of the 36-month contractual obligation. However, the city must pay the
plaintiff the minimum wage for the final pay period, but could deduct the
excess compensation, and could sue the firefighter for the remainder in a
breach of contract action. Heder v. City of Two Rivers, Wis., 295 F.3d 777 (7th
Cir. 2002). {N/R}
Arbitrator denies a sergeant’s grievance that he
was forced to work overtime on his day off, in violation of the bargaining
agreement. Requiring him to attend a state mandated training program was not
forced overtime. City of Granite City and Policemen’s Benev. Labor Cmtee., 117
LA (BNA) 222 (Wang, 2002). [2002 Oct. FP]
N.Y.
appellate court reaffirms a prior ruling, allowing a police academy to raise
its academic standards after a class has started at the academy. Avila v.
Safir, 686 N.Y.S.2d 30 (A.D. 1999). [1999 FP 142]
N.Y. appellate court rejects appeal of a person
who flunked the police academy. Department could raise the academic standards
for recruit after he had started the academy. Guida v. NYC Dept. of Personnel,
672 N.Y.S.2d 1, 238 A.D.2d 170, 1997 N.Y.App.Div. Lexis 3213. [1999 FP 29-30]
Firefighter is not entitled to reimbursement for
participating in search and recovery training with his dog, where
collective-bargaining contract provides for reimbursement for training related
to fire fighting, most search and recovery missions are handled by law
enforcement authorities, and department does not routinely handle such
activities. West Licking Fire Dist. and W.L. F/Fs L-3025, 112 LA (BNA) 904
(Sugerman, 1999). {N/R}
Federal court rejects suit from a corrections
officer that sought to enjoin training which requires officers to be sprayed
with pepper mace. Ryder v. Freeman, 918 F.Supp. 157, 1996 U.S. Dist. Lexis 3965
(W.D.N.C.). [1996 FP 109-110]
Employees do not have a legally enforceable
“property interest” in attending training programs, even if the chief violates
departmental guidelines in selecting candidates for additional training. Dworak
v. Vil. of Wilmette, 618 N.E.2d 974 (Ill.App. 1993). [1994 FP 45-6]
In
the absence of any evidence that would allow apportionment of police academy
costs between basic training for state certification and employer-mandated
training, a city could not legally enforce a contract requiring recruits to
reimburse the city for a portion of their training if they left within five
years and went to work for another law enforcement agency within one year after
leaving. In re Acknowledgment Cases, #E058460, 239 Cal. App. 4th 1498, 2015
Cal. App. Lexis 770.
City of Los Angeles is suing 53 former police
officers for $1.6 million, claiming that they broke their employment contracts
by leaving within five years after graduating from the Police Academy and
working elsewhere in law enforcement. Source: 44 (2151) G.E.R.R. (BNA) 370
(4/4/06); L.A. Times (3/23/06). {N/R}
Missouri appellate court enforces a standard form
reimbursement agreement. It was not an unlawful assignment of future wages or
an unconscionable adhesion contract. Smith v. Kriska, #ED82062, 2003 Mo. App.
Lexis 1335 (2003). [2003 FP Nov]
Appellate
court in New Jersey holds that the state’s Public Employment Relations
Commission properly concluded that a public employer violated its duty to
bargain by unilaterally adopting a requirement that police applicants repay
their training costs in the event of severance within two years after
completion of their academy training. The court rejected the employer’s
argument that the provision was not term and condition of employment because it
became effective only after employment ceased. New Jersey Transit Auth. v. N.J.
Transit PBA L-304, #A-5710-96T5, 314 N.J. Super. 129, 714 A.2d 329, 1998 N.J.
Super. Lexis 342, 158 LRRM (BNA) 3064 (1998), affirming #97-125, 23 NJPER (LRP)
¶28,137, 1997 NJPER (LRP) Lexis 61 (NJ-PERC, 1997). {N/R}
Illinois court enforces a training cost reimbursement contract, including
legal fees, but disallows full recovery of the officer’s wages earned while
attending a program on dept. time. Wage reimbursement held to violate the FLSA,
29 C.F.R. 531.36. Montgomery (Vil. of) v. (John) Thompson, #SC-KA-97-3820
(Ill.Cir.Ct., Kane Co. 1998). See also, Strong v. Williams, 1980 U.S. Dist.
Lexis 14185/at 5-f (M.D.Fla.). [1998 FP 141-2]
National brokerage firm pays $1.8 million to
settle a class action brought by a stockbroker who quit before his two-year
commitment ended and joined a competitor firm, costing him $28,545 in
liquidated damages. Silk v. Dean Witter Reynolds, #87-03614-WDR (Unreported)
(C.D.Cal. 1997). [1998 FP 126]
Ohio appellate court upholds a training
reimbursement clause in the case of a EMT who quit to work for another agency.
Carlson Ambulance Transport v. Fischbach, 1998 Ohio App. Lexis 1556. [1998 FP
125-6]
Appellate court enforces agreement that an
officer reimburse the city of the cost of his training if he quits before
completing 12 months of service. City of Pembroke v. Hagin, 391 S.E.2d 465 (Ga.
App. 1990).
Arbitrator rules that a city could not unilaterally
impose requirement that new appointees reimburse city for training if they quit
in three years. In re City of Mt. Vernon, 2 The Labor Lawyer (ABA) 599, 23
G.E.R.R. (BNA) 667.
Training reimbursement contracts gain acceptance
and reduce lateral movements by new employees. Young, “The Pre-employment
Contract Two Years Later: Pay as You Go,” 22 (3) Journal of California Law
Enforcement 66 (1988).
Florida’s Public Employees Relations Commission
holds that a city violated its bargaining obligation by unilaterally adopting a
resolution requiring newly hired firefighters to sign an agreement requiring
reimbursement of training costs if they resign to accept employment with
another fire department or state agency within two years after successful completion
of firefighter training. City’s general home-rule powers did not override state
collective bargaining laws. Hallandale Prof. Fire Fighters Assn. L-2238 v. City
of Hallandale, PERC #CA-88-080, Order #89U-161, 1989 FPER (LRP) Lexis 154, 15
FPER (LRP) ¶20,214 (Fla. PERC, 1989). {N/R}
North Dakota enforces teacher training
reimbursement contracts. Bowbells Public School Dist. v. Walker, 231 N.W.2d
173, 1975 N.D. Lexis 164 (N.D., 1975); Bottineau Public School Dist. v. Zimmer,
231 N.W.2d 178, 1975 N.D. Lexis 163 (N.D., 1975).
See also: Contracts and
Consultants.