do I have to pay my course money back

[Saida]

What is the name of your state? Florida
My previous employer paid a course for me when I started to work for him. No I had to leave his company, because my husband got a job transfer. He wants me to pay the money back for the course. There was never an agreement in writing about it. Do I have to pay him back?

 

[cbg]

"There was never an agreement in writing about it. "

Was there a verbal agreement?

 

[Saida]

yes, there was some kind of verbal agreement. He told me that I could pay him back later and I told him ok.

 

[Beth3]

Saida, you have two seprate issues: ethical and legal. Clearly you understood that the tuition payment was a loan and you agreed to repay the company. Legally however, this is not an enforceable agreement as there were no specific terms.

The only question is how good you will feel about yourself if you decide to stiff your employer for the money after they agreed to do you a kindness and pay for the class. You might also want to keep in mind that you will need a reference from this company after you relocate and try to find a new job. I wouldn't hire someone who had done this.

 

[JETX]

"Legally however, this is not an enforceable agreement as there were no specific terms."
*** Sorry, but not exactly true. The employer could pursue civil action to recover this loan, based solely on the verbal agreement.

 

[Beth3]

A verbal agreement can meet the conditions of a contract but as no terms for the loan were ever set (such as when repayment was due), my take is that the agreement falls considerably short of being enforceable.

 

[JETX]

And I disagree:
1) We have nothing to indicate that there wasn't a specfic repayment agreement other than the writers statement, "He told me that I could pay him back later and I told him ok." I would assume that the employer may have a different recollection of the conversation.

2) Even without a specfic repayment agreement, a contract exists. The employer can, at any time, make a demand for payment and then consider legal action if payment is not made. The court (likely small claims) would determine whether a 'loan' agreement existed, and would probably find so.

 

[Beth3]

JETX, I'm going through this right now with an ex-employee who owes us a bundle for tuition repayment. Even though written documentation exists that summarizes all the particulars of the agreement that was made, including conditions that would require repayment, and even though the employee received a copy at the time and agreed that it was accurate, my attorney is telling me our claim is iffy.

IF the above is an accurate portrayal of the conversation (which as you well point out may only be the employee's version), it's really difficult to imagine that this constituted an enforceable contract. But I will certainly bow to your considerable expertise.

 

[Saida]

Thanks for the responses. It seems like there are indeed two different ways you can look at it. That's why I don't know what to do. Beth, I am thinking of paying him the money back, just to get it over with and move on. But that's such an easy way out. Especially, I made him a lot of money when I worked for him. I guess it wasn't enough for him, and he got upset by me when I left his co. I think he is trying to pull my leg now. I don't know....

 

[Beth3]

Saida, only you can make the call. Don't forget your employer is SUPPOSED to make money off of you (so to speak.) Why would an employer hire or retain anybody who doesn't contribute to the profitabilty of a company and generate more in profits than they cost in overhead? Otherwise, it'd be a losing proposition.

I don't know your whole situation of course and I don't know if the boss is just being a jerk. You have to do what you think is right. Good luck with the move.