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Termination or breach of contract?

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stephanie_moyes

Junior Member
What is the name of your state?What is the name of your state? Texas

I joined company ABC several years ago. I took an education leave of absence. The company provided $xxx in tuition assistance and the company policy that my VP, Director, Supervisor and myself signed stated the following:

- I must communicate to my supervisor an intention to return to company ABC. If an appopriate position is not available, employment is terminated and the employee's return-to-work obligation is waived.
- I must return to work immediately after the leave. If the employee does not meet the post-leave obligation requirement, he/she will be required to repay all tuition assistance received during the leave period.

I have been trying to get a position with the company for 6 months and have documentation to prove my intent and efforts of obtaining a position. My official leave of absence period ended June 21, 2005 and the company had still not extended an offer. It was not until June 27th that I was told they could "staff" me and now, they are saying the following things:

- "we have a new policy in place that supercedes all previous polices..therefore, you have to pay us back if you do not return"
- "although a position was not officially offered by June 27th, we started the process of placing you a week before the official return date (of June 27th)...therefore, even though you were technically terminated on June 27th, we can still make you pay us back"

These are the types of ridiculous arguments they are giving me and I wanted to know what my legal options are. Technically, I am terminated from the company but no one wants to make the official decision. HR is going back and forth with me and no one really understand the policy.

What do you think?

Thanks!
 


C

CheeseBlotto

Guest
I think that if you make it clear that they'll have a fight on their hands to collect, they probably won't try all that hard. Me, I'd tell them to pound sand and not worry about it. If you would sleep better, have a lawyer look at the agreement.
 

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