Before an employee agrees to receive licensing services at the expense of the town or Municipal Authority, said employee shall receive and sign an agreement having the same substantial form as the following template:
WHEREAS, Employee desires to obtain a license or certification related to his/her job with Employer; |
WHEREAS, Employee desires to receive a job-related license or certification, and Employer desires to assist Employee with the costs of obtaining job-related licensing or certification; and |
WHEREAS Employer agrees to pay for Employee’s Licensing Costs (as defined below), subject to Employee’s promise to repay Employer for Licensing Costs; |
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants herein contained, and for other good and valuable consideration, the sufficiency of which is acknowledged, the Parties do agree as follows: |
1. Employee agrees to participate in the processes required to obtain the following license or certification; (“License”) [e.g., “CDL”]. |
2. Employer agrees to pay Employee his/her regular wages during the time period Employee is engaged in the process of obtaining the License (“Licensing Period”) even though Employee cannot directly perform his/her duties to the Town/Authority during the Licensing Period. |
3. The Parties understand and agree that for the purposes of this Agreement, “Licensing Costs,” shall include: |
a. Class tuition and materials; |
b. Meals/Per diem; |
c. All wages paid to Employee during the Licensing Period; |
d. Travel and boarding expenses; and |
e. Any such other expenses as agreed in writing herein. |
4. Employee agrees to repay Employer for Licensing Costs as follows: |
a. License Date. “License Date” shall refer to the date Employee becomes licensed or certified as contemplated in this Agreement. |
b. Two-Year Employment Obligation. Employee understands and agrees he/she is obligated to continue employment with Employer for no less than two (2) years from the License Date. Employee shall have no obligation to repay Employer for Licensing Costs upon completing two (2) years of good-faith employment from the License Date. |
c. Employed for More Than One Year But less Than Two Years from License Date. Employee understands if his/her employment terminates, voluntarily or involuntarily, after the passing of one (1) year from the License Date, but less than two (2) years from the License Date, Employee promises and agrees to repay Employer an amount equal to 50% of the Licensing Costs no later than thirty (30) days from Employee’s last date of employment. |
d. Employed for Less Than One Year from License Date. Employee understands, promises and agrees that, subject to subparagraphs (e)-(f) below, if Employee’s employment terminates, voluntarily or involuntarily, before the passing of one (1) year from the License Date, Employee shall be obligated to repay one hundred percent (100%) of the Licensing Costs according to the terms of § 31.66(B). |
e. Involuntarily Termination of Employment. If Employee’s employment is terminated involuntarily but “without cause,” Employee shall not be obligated to reimburse Licensing Costs. Whether termination was “for cause” or “without cause” shall be determined by majority vote of the Board of Trustees. |
f. Death or Disability. Employee shall not be obligated to repay Licensing Costs if employment terminates by reason of death or disability. |
5. Employee understands and agrees that failing to repay Licensing Costs in full by or before the passing of thirty (30) days from Employee’s last date of employment will result in accrual of interest at the rate of eighteen percent (18%) per annum. |
6. Employee understands and agrees that in addition to Employee’s obligation to repay Licensing Costs, Employee shall be responsible for all costs, expenses, and attorney’s fees incurred by Employer that result from Employee’s breach of this Agreement. |
7. Employee understands and agrees that Employee’s failure to repay Licensing Costs according to the terms of this Agreement may result in Employer initiating a legal action against Employee seeking judgment for damages for repayment of Licensing Costs, interest, expenses, and attorney’s fees. |
8. Employee understands and agrees that in the event Employee becomes obligated to repay Licensing Costs, Employer shall deliver a statement to Employee, either in person or to Employee’s address as stated in Employee’s personnel records, describing the amount of salary/wages paid to Employee during the Licensing Period and all other Licensing Costs expended by Employer under this Agreement The statement shall state, “Repayment in the amount of $____ is due in full by or before [date 30 days from date of termination/resignation], and failure to repay Licensing Costs in full by said date may cause a legal action to be filed against you in the District Court in and for Delaware County, State of Oklahoma, and judgment may be rendered for the amount of Licensing Costs, interests, expenses, and attorney’s fees.” |
9. By entering this Agreement, Employee consents to the jurisdiction and venue of the District Court of Delaware County, State of Oklahoma, for any legal action arising from a breach of this Agreement. |
10. Employee understands and agrees that he/she is an “at will” employee, that this Agreement is not an express or implied contract for employment, and that this Agreement shall not change the at-will nature of Employee’s employment Employee furthermore understands and agrees that this Agreement is for the sole purpose of establishing the terms and conditions governing Employer’s agreement to advance Licensing Costs on behalf of Employee and Employee’s obligation to repay Licensing Costs. |
11. Employee agrees and acknowledges he/she was advised of the right to seek advice from independent counsel, and Employee’s signature below certifies that Employee either sought independent counsel before signing this Agreement or made the informed decision to waive his/her right to do so. |
14. ADDITIONAL TERMS (if any):__________________________________________________________ |
SIGNATURES |
EMPLOYER: ___________________________________________ Town of West Siloam Springs/ West Siloam Springs Municipal Authority |
By: ____________________________________ Its: ____________________________________ |
EMPLOYEE: |
_________________________________________ [employee’s printed name] |
WITNESS: |
_________________________________________ [witness’ printed name] |
(Ord. 2022-09-02, passed 9-19-2022)