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I was contacted by a head hunter/ IT recruitment firm for a job opportunity. I was required to sign an agreement stating that I would attend 8 training sessions over 4 weekends online to learn a software package that would be required for the position. There is a clause for repayment for the retail cost of the training 2800 USD if i did not successfully complete the course. Via email they defined ‘successful completion’ as attending all of the sessions, doing all assignments, and giving my best during any interviews. After 1 session the scope of the training changed. They announced they would now be prepping us to pass through the interview phases in 2 weeks time. This week they told us that we would have mock interviews with recruiters and if we didn’t pass those they wouldn’t present us to the employer. None of that was outlined in the agreement. Did they violate the original agreement by any of this? Am I on the hook for 2800 after all of these modifications? How can I uphold my end of the agreement if they don’t allow me to give my best during the interview if I’m not allowed to speak with the employer? Thanks.
Asked on March 10, 2018 under Employment Labor Law, New Jersey
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
A contract may not be modified after the fact by one party--both parties (i.e. and them both) would have to agree to any change. You can be held to the terms of the original contract, but not to any "modifications" they claim to make after the fact unless you consented to them. So if the original contract specified how long the course was, they can't accelerate it; and they can't require to pass a mock recruiter interview if that was not part of the original contract.