American Consulting Environmental Safety Services, Inc. v. Schuck

888 N.E.2d 874 (2008)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

American Consulting Environmental Safety Services, Inc. v. Schuck

Indiana Court of Appeals
888 N.E.2d 874 (2008)

  • Written by Robert Cane, JD

Facts

American Consulting Environmental Safety Services, Incorporated (American Consulting) (plaintiff) employed Schuck (plaintiff) as a safety instructor. Schuck signed an employment agreement with American Consulting. Schuck underwent additional training in occupational safety and health paid for by American Consulting. Section 12 of the employment agreement required that an employee who voluntarily terminated the employment or who was terminated for good cause within 12 months of training must repay a portion of the training cost based on how much time had passed since training. If the employment was terminated in fewer than three months, the employee was to repay the entire $3,000 cost of the training. The training comprised 1 day of watching videos and taking quizzes and 12 and a half days of shadow training with a coworker. American Consulting provided no other training. Schuck was paid at a rate of $9 per hour during the training. About five months after she began working at American Consulting, Schuck resigned due to medical problems and a concern for her pregnancy. American Consulting sued Schuck for repayment of half of the cost of her training. The trial court found that section 12 was a penalty provision and that the maximum damages were $468 (13 days at 8 hours per day at $9 per hour, divided by 2 because American Consulting was seeking to recover one half of the amount stipulated in Section 12). American Consulting appealed.

Rule of Law

Issue

Holding and Reasoning (Friedlander, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership