Legal advice for "hypothetical" work situation?

[XylathaneGTR]

Howdy Beyond,
I am seeking a small bit of legal advice / conversation on a "hypothetical" work situation.
Mods, if this is in the incorrect sub-forum i apologize and feel free to move it to the correct sub-forum.

Anywho,

Let us pretend that "hypothetically" you had a contract with a large multi-national oil company. It was for a good scholarship program in which they paid for your 4 years of schooling, your residence, and included a monthly stipend for some spending money, food, cost of living and what have you.

This contract also included a clause that the signee was obliged to, upon graduation and termination of the scholarship, return back to your home country and work for this large oil company for a two year term.

Now, a number of months ago, the signee felt a desire to stay in Canada and, upon speaking with a number of people with authority within the company, was allowed to remain in Canada and was free to persue employment elsewhere, basically cutting off that small "obliged work term" clause completely. Unfortunately, none of that was signed in paper...just spoken and agreed upon.

Now, let us say that this same company has recently "changed their minds" and is demanding the signee to pull up their roots, head back home and start working for them, which the signee doesn't really want to do. They have also threatened legal action against any signee's/their families that do not return...to what extent the legal action will be has not yet been defined.

Now beyond, what i'm asking is if there's a way that, "hypothetically, of course" the signee could weasle their way out of their contract with this company based on the point the company has gone all "flippy-floppy" on their side of the contract (you're working for us, you can stay, oh no wait you're comming back).

I'm quite sure that the existence of the original paper contract means that the oil company "hypothetically" has the signee by the "hypothetical" balls so i'm pretty sure I already know what kind of answer i'll get, but i'm curious to see what beyond/others with a bit more legal expertise than myself think on the situation.

Many thanks, Beyond.
-D

-edited slightly for clarity on one point

[w_man]

Originally posted by XylathaneGTR
I'm quite sure that the existence of the original paper contract means that the oil company "hypothetically" has the signee by the "hypothetical" balls

I would think!!

[XylathaneGTR]

Originally posted by w_man


I would think!!

Indeed, but I was still curious if one could still manage to weasle their way out of someone. I'm doubting it...but hey, who knows.

Hypothetically speaking, the oil company was purchased recently by another company...however signee's were forced to resign with that company before the takeover was finalized.

[Sugarphreak]

...

[scat19]

So they paid everything for you, and in return you work for them ?

Geez, some people.

[eb0i]

Originally posted by Sugarphreak

Ethically I would say the "signee" should stop being a little bitch and work for the agreed amount of time for the company that went out on a limb and put them through school.

[spikerS]

they were nice enough to put this person through school so that this person would not have a huge debt load when finished schooling, and on top of that, gave them an allowance to spend on what ever they felt like, and paid room and board.

Now this person wants to weasel out? I don't think I want this person in Canada....

on a side note, Can I have the name of this company? I would love to have this arrangement!

[legendboy]

wow that sounds like a pretty wicked deal

[szw]

Originally posted by Sugarphreak

If you breech the contract the "signee" would legally be responcible for paying the company back for 4 years of scholarship with interest; maybe also damages if there were any other conciquences the company suffered as a result.

How can you say that with such authority without having knowledge of the specific contract?

[5hift]

You couldnt be a bigger bitch if you tried.

I find it funny your calling our the company for flip flopping on what they agreed on, when one has a written contract, and one just has his lying fob ass word.

A company wouldnt invest this much in you, and then let you out, without any paperwork especially. Just because a few fobs at your work told you what might work, it wont.

They put their trust in you, got you residency, put you through school and paid for your every expense, and in exchange you only have to go back to your homeland where your paid to work for 2 years at which point your free?

Fuck you dont deserve to be in Canada at all. What makes you think you deserve a free residency, a free education, and get to live for free for four years? Without this company, you'd be back in whatever 3rd world slum you crawled out of doing overseas tech support or something.

How big of a bitch will be further proven by the fact you wont even response to this.

[Sugarphreak]

...

[BlackArcher101]

It's standard practice that if a person goes through the training but doesn't do the specified work term after, then the employee pays the company back the cost of education. This is what will probably happen if taken to court.

[Jlude]

Sounds like the person in your ""hypothetical" question is a douchebag and should either man up to a commitment he made or pay back the company for their investment in him. (Which will likely happen anyway)

Also, this person is going to "hypothetically" burn some bridges in the industry they work in.

"hypothetically" speaking of course.

[turbotrip]

lol nexen huh?

[XylathaneGTR]

Guys,

First off...This isn't myself that I'm actually talking about. I have a scholarship from Suncor but it's not NEARLY that good. For those on beyond that actually know me in person, they should know that i'm from Calgary (born and raised) and still mooch at home. Nexen also is not the company in question here. The company is NOT based in Canada, either.

I assumed that would be the answer and that the Signee should just agree to what they committed to do...I was just curious if there was still a way that one could back out of it.

I figured that at the very least, legal action would be the amount of the scholarship program + interest, + potentially the jobs of the family members employed at this company, + perhaps even "lost income" to the company from the work that you agreed to do..who knows.

Anywho...5hift, you can take a breather and untwist your panties. You've made a lot of assumptions there that aren't valid. As I mentioned, i myself am not the subject of this post. The subject of this post is a close friend of mine and the subject came up between the two of us today and she was curious as to what the extent she could squirm out from the commitments of her contract. I felt more or less along the same lines as others who posted here, but decided to consult the vast knowledge of...an internet message board.

[Pacman]

This is an easy problem to solve.

Get your friend pregnant. Then, when she tries to leave the county with your kid, have her detained.

[The_Rural_Juror]

Originally posted by Pacman
This is an easy problem to solve.

Get your friend pregnant. Then, when she tries to leave the county with your kid, have her detained.

Pics or GTFO...literally.

[XylathaneGTR]

Originally posted by Pacman
This is an easy problem to solve.

Get your friend pregnant. Then, when she tries to leave the county with your kid, have her detained.

I tip my hat in your general direction.
She does have to apply for a work visa (according to her...I'm not sure why, since she holds a passport to that country but whatever.)
I suggested that if her work visa application got denied...well, sorry oil company, but the government put the kaibosh on the plans to go and work for you...So sorry, gg thanks for the scholarship! haha.

[R-Audi]

Your best bet is to take said contract to an actual Lawyer. I'd wager that none of the people who have responded have a lick of legal experience, or have seen said contract.

[Carl64]

Originally posted by XylathaneGTR

Hypothetically speaking, the oil company was purchased recently by another company...however signee's were forced to resign with that company before the takeover was finalized.

Pretty big thing right there. Might work out in the "signees" favour... hypothetically.