1 year ago, I accepted a new job with an education budget included. I turned down their initial job offer. When they asked if there was anything that could entice me to reconsider, I countered with the options of an increased salary or an education budget.
The job became too much... I was given many duties well outside of the job description I signed when I took the job. Also, an employee that left was not replaced and I had to take on many of his duties as well. I have been stressed to the point of affecting my health and working endless hours of overtime that I don't get paid for because I'm on salary.
Now that I have accepted another job (similar pay, less stress/hours), I am being asked to repay the education budget and realizing that the job offer did stipulate 2 years of employment. I am trying to negotiate with the employer based on the fact that I wouldn't have accepted the job without the education. However, if that fails, I still think I have a case because the clause is worded "I will to the best of my ability continue to work for (company) for 2 years". I have put every effort I have into the job, put in all the time required to keep up with the added duties, and in the end I am still being asked for more.
Would the "best of my ability" argument hold up if I get taken to court?
(Amount: $2500, Country: Canada)