Tution repayment, strange circumstances

[Unreal123]

What is the name of your state (only U.S. law)? Utah

I recently resigned from a position at a company and they just mailed me a bill for tuition repayment. The policy is tuition must be repaid if you are terminated or leave under your own free will for any tuition paid over the last 12 months. I have not responded to the letter yet but I would argue I did not leave under my own free will because I left because of criminal activity at the company. I was being asked to participate and commit illegal acts while employed there. Because of this I left the company. I am currently assisting law enforcement in the investigation and there is an ongoing criminal investigation into the actions of the company. Does this hold any legal ground to not repay the company?

 

[swalsh411]

Considering you are working with law enforcement in a criminal investigation I would strongly advise you not to have any contact whatsoever with your former employer. None. Do not even respond to the letter. If they sue you, then your defense is that you either had to leave or become a criminal, so you really had no choice.

 

[Unreal123]

That is exactly what I have been doing. I plan respond to nothing and just move on, and cooperate with law enforcement.

 

[Unreal123]

Plus they fedex'd a bill to my old address well after I moved. The only reason I knew about it was a neighbor saw it on the front door and sent it to me. As far as anyone knows I never received anything and have no idea what is going on.

Hopefully the government can step up and do what is right. Making faulty medical devices and covering it up isn't something the government likes.

 

[cbg]

Make sure your lawyer knows about this tuition repayment agreement. While I do not disagree that you should not be in touch with your former employer at that time, if that agreement is valid on its face (and there is no reason to assume it's not) there is nothing in the law that expressly voids it even under the circumstances you describe. Until a judge says it's no longer enforceable, you need to operate on the assumption that it may still be.

 

[LeeHarveyBlotto]

Did you sign an actual contract agreeing to the tuition repayment?

 

[Unreal123]

There was no "signed" contract pertaining to the tuition repayment besides the general guidelines and it is in the employee handbook. So I did sign something when I began employeement agreeing to it, but no specific documents.

I agree that at face value, I left voluntarily which would mean according to the policy I should repay, but the choice was to resign or do actions that could hurt people. The company makes medical products and many people have been hurt because of the actions of management at the company. They knowingly are shipping bad/faulty medical products so I wanted nothing to do with them.

The letter says if I don't pay within 30 days they will just turn it over to a collections agency. Is that even valid? Would they need to get a judgement against me or can they just goto collections?

 

[CSO286]

There was no "signed" contract pertaining to the tuition repayment besides the general guidelines and it is in the employee handbook. So I did sign something when I began employeement agreeing to it, but no specific documents.

I agree that at face value, I left voluntarily which would mean according to the policy I should repay, but the choice was to resign or do actions that could hurt people. The company makes medical products and many people have been hurt because of the actions of management at the company. They knowingly are shipping bad/faulty medical products so I wanted nothing to do with them.

The letter says if I don't pay within 30 days they will just turn it over to a collections agency. Is that even valid? Would they need to get a judgement against me or can they just goto collections?

I'm sure you signed something with your employer whe nyou accepted the money from them. You need to find it.

Next, yes, generally the original creditor will sell a debt to a collection agency and they will often pursue a judgment as part of thier collection efforts.

 

[swalsh411]

Have these alleged criminal actions been proven either in Court or by admission of the company? If not then they are really just allegations you are making.

If you are sued, then you will have a chance to defend your position. Until then, expect to be contacted by a collection agency when you don't pay. (if your former employer is seious about that; it could of course be a bluff). How much $$ are they saying you owe?

I'm sure you signed something with your employer whe nyou accepted the money from them. You need to find it.
.

And you are certain of this based on what evidence?

 

[CSO286]

Have these alleged criminal actions been proven either in Court or by admission of the company? If not then they are really just allegations you are making.

If you are sued, then you will have a chance to defend your position. Until then, expect to be contacted by a collection agency when you don't pay. (if your former employer is seious about that; it could of course be a bluff). How much $$ are they saying you owe?



And you are certain of this based on what evidence?

Well, let me amend: "I'm pretty sure you signed something when you accepted the money from you employer."

That would be based on my previous experiences with employers and continuing ed programs. There has always been some sort of agreement.

 

[Unreal123]

There is an ongoing criminal investigation. Nothing has been formally charged yet. I'm working with the investigator but he said cases like this can take years. I asked him about paying this and I'm waiting for a response.

It is $2300. Maybe they are bluffing, or maybe I pay it to avoid the hassle. I rather not because of the situation but sometimes it is easier to just move on in life.

 

[eerelations]

There has always been some sort of agreement.

In your experience. In my experience, never, or at least never until I got there to fix it.