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Tuition Reimbursement Repayment Discrepancy

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xynobis

Junior Member
What is the name of your state (only U.S. law)? Michigan

Greetings, I recently voluntarily resigned my position at my current employer. I've received tuition reimbursement from them and in preparation for my resignation I began to revisit the policy to get an idea of what to expect. What I've found is a discrepancy between the reimbursement form I actually signed versus company policy. I'm curious how others interpret the following information:

Wording of the signed reimbursement form:
"I understand and agree that if I voluntarily leave within one year after completion of the degree or certification, all money paid to me will be owed back to the company."​

Wording of the company policy in our associate handbook:
"If an Associate voluntarily leaves his/her employment with <company> within one (1) year after receiving reimbursement from the Company for tuition under this policy, all money paid to the Associate for tuition reimbursement within one (1) year will be owed back to <company>."​

I have not completed my degree therefore based on the agreement that I signed, I do not believe that I owe them a dime. I'm still awaiting human resources interpretation of this policy but I'm anticipating they will want their money back.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Michigan

Greetings, I recently voluntarily resigned my position at my current employer. I've received tuition reimbursement from them and in preparation for my resignation I began to revisit the policy to get an idea of what to expect. What I've found is a discrepancy between the reimbursement form I actually signed versus company policy. I'm curious how others interpret the following information:

Wording of the signed reimbursement form:
"I understand and agree that if I voluntarily leave within one year after completion of the degree or certification, all money paid to me will be owed back to the company."​

Wording of the company policy in our associate handbook:
"If an Associate voluntarily leaves his/her employment with <company> within one (1) year after receiving reimbursement from the Company for tuition under this policy, all money paid to the Associate for tuition reimbursement within one (1) year will be owed back to <company>."​

I have not completed my degree therefore based on the agreement that I signed, I do not believe that I owe them a dime. I'm still awaiting human resources interpretation of this policy but I'm anticipating they will want their money back.
You need to look at the contract you signed and not the company policy.

Are you intending to complete your degree or certification?
 

quincy

Senior Member
I think you are smart to expect your employer to want reimbursement for the tuition dollars already provided.

Here are two links, the first to a case out of Michigan and the second to an overview of this case provided by FindLaw.

Sands Appliance Services v. Wilson, 587 NW 2d 814, Mich. Court of Appeals, 1998.

http://scholar.google.com/scholar_case?case=4446307047945823439&q=Sands+Appliance+Services+v.+Wilson&hl=en&as_sdt=80000006

http://corporate.findlaw.com/human-resources/tuition-repayment-contract-enforced-by-employer.html

You can have the contract you signed reviewed by an attorney in your area to see where you would stand legally if you choose to argue the reimbursement.
 

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