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Article #320Re: Postdoc repayment agreements; possible to get out of one?
From: Allen Adler
Date: Fri, 29 Mar 1996 00:00
Date: Fri, 29 Mar 1996 00:00
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3022 bytes
Before I say anything else, let me emphasize that this is a legal question and I am not qualified to give legal advice. I'm just giving my own naive and incompetent opinion in the hope that it will be useful. I assume no responsibilty for what happens to you if you take anything I say seriously. First of all, I think you have to take responsibility for what you sign. The time to ask your question was before you signed. On the other hand, there might conceivably be details of the agreement which would render it illegal or nonbinding. For example, from what you say, the agreement makes you liable for the money even if you become unemployed and are therefore unable to work in medical or health related teaching or research (MOHRTOR). That seems so unfair that it could hardly stand up in court. Second, I find it hard to believe that the agreement can be binding without a time limit for expiration. If the agreement says that for the rest of your life you must work in MOHRTOR, it might be unenforceable. Third, if the agreement does not say how much money you have to earn from the work you will do in MOHRTOR, then presumably the agreement would not be violated if you did pro bono work in MOHRTOR. Similarly, if the agreement doesn't say how many hours per week you have to spend on this work in MOHRTOR, then presumably you could do it part time. Fourth, if the agreement does not say that while you are doing MOHRTOR you cannot also earn some money from other sources, then it seems to me that there is no reason why you can't do the following: get a job doing whatever you think you would like to do instead of MOHRTOR, but with the proviso that they leave you a certain amount of free time to spend on pro bono work in a health clinic, e.g. either as a care giver or as someone who teaches first aid or AIDS awareness, or in some capacity in a research facility. In fact, some businesses encourage their employees to do community service work, so you would be killing n birds with r stones. Finally, perhaps a closer look at the agreement would not rule out other kinds of work for medical research or educational institutions, such as administrative or fundraising work. Naively, Allan Adler adler@pulsar.cs.wku.edu
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: fbe8c,68b2a4da14d0cc51 X-Google-Attributes: gidfbe8c,public X-Google-Thread: f8886,68b2a4da14d0cc51 X-Google-Attributes: gidf8886,public X-Google-Thread: f5161,68b2a4da14d0cc51 X-Google-Attributes: gidf5161,public X-Google-Thread: 1119a6,68b2a4da14d0cc51 X-Google-Attributes: gid1119a6,public From: adler@pulsar.wku.edu (Allen Adler) Subject: Re: Postdoc repayment agreements; possible to get out of one? Date: 1996/03/29 Message-ID: <ADLER.96Mar29011739@pulsar.wku.edu> X-Deja-AN: 144803218 references: <4jf83a$phv@nyx10.cs.du.edu> organization: Western Kentucky University newsgroups: sci.research.postdoc,sci.research.careers,sci.research,bionet.general