That exception seems subject to being too broadly applied
by mwalsh (2024-04-24 00:29:35)

In reply to: Another legitimate case could be in the event of training  posted by KeoughCharles05


The incentive to train the employee well is in the best interest of the company regardless if the employee can leave. The ability to retain the employee is almost always within the control of the company by offering sufficient compensation, benefits, and culture, without the need to contractually prevent the employee from leaving. Sometimes employees leave, but more often than not whether they leave is within the company’s control.


Certainly
by KeoughCharles05  (2024-04-24 10:56:25)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

That is, certainly there's the potential for abuse, given subjective debates about what constitutes robust enough training. There's obviously real costs to taking on an untrained apprentice, and fully training them up in terms of both time, lost productivity, etc... But rules put in place to provide exceptions here could be gamed by employers to put in place sham training programs that don't require that much effort solely as a way to lock in new hires and depress wages.

I don't agree that the incentive is always there for the company to train well. There's an incentive to free-ride, not put in the effort in training, and then go poach employees with slightly higher pay because you don't have the underlying costs associated with training.