Ferraro Vega Employment Lawyers can help you through the claims process if your workplace rights are being violated in Washington. While a lot of employment claims focus on your pay or how you’re being treated, a less understood but still damaging practice happens when your employer has you sign a training repayment agreement (TRAP) or some other form of “clawback.” To talk through your options, set up a free consultation today.
Does a Lawyer Make Sense?
When your bosses tell you that you owe thousands of dollars after leaving your job, it’s easy to assume they must be right. After all, you probably signed paperwork during the hiring process, and most people don’t remember every agreement they were asked to initiate on their first day.
But that’s exactly why it’s worth talking to our team of employment lawyers, especially when your employer is trying to play hardball with you. We can help by:
- Reviewing your TRAP or other agreement
- Explaining your rights under Washington law
- Figuring out whether your wages were improperly withheld
- Getting all the employment records and other important evidence
- Handling talks with your employer on your behalf
- Filing a claim when your employer refuses to follow the law
Like most other employment issues, TRAPs and clawbacks are something that can leave you feeling targeted and isolated. When that happens, it can be difficult to even know what’s going on, let alone knowing who to turn to for help. Our team handles all that for you, allowing you to focus on moving forward with your career.
What Are TRAPs and Employer Clawbacks?
Although it sounds a little violent, a training repayment agreement provision (TRAP) is part of a lot of employers’ onboarding when they hire you here in Washington. It’s simply a contract that they make you sign that says you might have to reimburse the company for any training expenses that you go through as part of bringing you on as an employee.
Employment clawbacks are similar, although they can involve much more than training expenses. Depending on the language in the actual agreement, employers use them to try to get certain things back, like:
- Training costs
- Sign-on bonuses
- Relocation expenses
- Tuition assistance
- Professional licensing or certification costs
- Equipment or other employment-related expenses
Obviously, not every TRAP or clawback agreement is unlawful. And just because you’re made to sign one as a condition of your employment doesn’t mean that your employer doesn’t trust you. It’s just a way of acknowledging the expense everyone has to go through to make certain jobs and businesses work here in Washington.
Of course, that gray area also gives a lot of employers room to sometimes put TRAP agreements in place that are too restrictive. This usually happens when they:
- Make you pay for training that you had to complete just to do your job
- Ask you to repay far more than the training actually cost
- Hit you with a repayment amount that doesn’t seem tied to the employer’s actual expenses
- Penalize you simply because you decided to leave for another job
- Take money out of your paycheck without following Washington law
- Require every employee to sign the same repayment agreement, no matter their position or training
- Make it so expensive to leave that you’re afraid to accept a better opportunity
- Fail to meet Washington’s legal requirements for certain training repayment agreements
All of that is important to know, but the key to your potential claim is going to rest on something closer to you: information.
Information That Can Help Me With a TRAP Claim
All the different pieces of paperwork you sign as part of your job is something that can be hard to keep track of. But if you feel like you were forced into signing a TRAP or clawback agreement that’s hurting your career and your bottom line, it’s worth looking into. And a lot of claims get started right there in that documentation, especially in:
- Your employment agreement or offer letter
- Any training repayment agreement or clawback provision you signed
- Employee handbooks or written company policies
- Pay stubs and payroll records
- Your final paycheck
- Training materials or documentation describing the program
- Emails, text messages, or letters discussing repayment
- Collection notices or repayment demands
- Information showing other employees signed the same agreement
Don’t worry if you’re missing some of these records. You should just focus on what you have—and that’s usually enough to see a pattern. If you decide to go forward with a claim, our team can help you get the rest from your employer.
What Claims Options Do I Have?
If your employer is telling you that you owe money after leaving your job, it can be difficult to know what’s legitimate and what’s not. Maybe you’ve received a demand letter. Maybe money was taken out of your final paycheck. Or maybe you’re worried about what happens if you don’t pay. Whatever the situation, you have options. Here are some of the ways you may be able to move forward:
- Working things out with your employer. Not every case has to end up in court. Sometimes, all it takes is showing an employer that their repayment agreement doesn’t comply with Washington law. Depending on the situation, they may agree to reduce what they’re asking for—or drop the demand altogether.
- Filing a lawsuit. Sometimes employers refuse to back down. When that happens, filing a lawsuit may be the best way to protect your rights. Depending on your situation, you may be able to recover:
- Wages that were improperly withheld.
- Money you paid because of an unlawful repayment demand.
- Attorney’s fees and court costs when allowed under Washington law.
- Other damages available under state employment laws.
- Joining a class action. If your employer required everyone to sign the same TRAP or used the same clawback policy across the company, you may not be the only one affected. When multiple employees were harmed by the same practice, a class action may be the right way to hold the employer accountable.
No two situations are exactly alike, which is why it helps to have someone look at the facts before deciding what to do next. Our team can review your agreement, explain your rights, and help you choose the path that makes the most sense for your situation.
Talk to a Washington TRAP & Employment Clawback Lawyer
Receiving a letter demanding repayment from your former employer can be stressful, especially if it’s a large amount of money. But a TRAP or clawback demand isn’t the final word, and signing an agreement doesn’t automatically mean every provision is enforceable.
At Ferraro Vega Employment Lawyers, we can help you through the entire process from start to finish. If you’d like to know more about your options and what you can do, talk to us today during a free consultation.
