Tuition repayment

[crypto99]

What is the name of your state? Pennsylvania

My company has reimbursed my tuition for the past few years. A clause states that I must pay the last 24 months worth if I leave voluntarily. I understand this but I think my situation invites the potential for negotiation.

We are evaluated annually based on performance goals and milestones that we agreed to at the begining of the year. For the past ten years the line "continue formal education " along with the name of the degree I was pursuing appeared as one of my goals or expectations if you will. The company of course agreed to pay for the schooling but if I decided not to pursue a formal education then it could, technically, have resulted in me not meeting one of my goals and therefore negatively impacting my performance evaluation. That said, our company has gone through a series of force reductions over the past six years. I am the only one left at my "level" who took advantage of pursuing my formal education. So, it is plausible to assume that if I hadn't met this objective that I would have had better odds of being terminated. If I leave voluntarily, should I be responsible for paying back 100% of the tuition? I think due to the goal being set for me every year I should not be but I would be willing to cover 50% since the continuation of my education had benefited me as well in some respects.What is the name of your state?

 

[cbg]

I think it is plausible to assume that you are grasping at straws to get out of the repayment agreement.

Only an attorney in your state who has read the agreement in full can tell me if you are right or wrong. But I wouldn't hold my breath.

 

[crypto99]

I wouldn't say grasping at straws. All the decisions I have found documented thus far involve situations where the employee was taking advantage of the program voluntarily. In my situation I needed to continue my education as a measurement of my accomplishment. This was not required across the board for all employees in the department that served in a similar capacity. Would something like this ever make it to a jury?

 

[cbg]

A JURY? Are you nuts? No, this is not going to make it to a jury. If somehow it makes it into court, trust me, it won't be a jury trial. It will be determined by the bench.

But you can simplify the process immensely by simply showing it to an attorney. The odds that it will even see a courtroom, let alone a jury, are on the slim side.

And I wouldn't be holding my breath that my justification for only paying back half of what you agreed to is going to hold up.

 

[HomeGuru]

I wouldn't say grasping at straws. All the decisions I have found documented thus far involve situations where the employee was taking advantage of the program voluntarily. In my situation I needed to continue my education as a measurement of my accomplishment. This was not required across the board for all employees in the department that served in a similar capacity. Would something like this ever make it to a jury?

**A: I would take a guess and say that you would lose more than you gain.

 

[crypto99]

CBG,

No I'm not nuts. I am a person who is trying to find out legitimate information from someone who might be in the know. I don't think your tone is warranted. Are you somehow offended by the fact that I asked a question? If so, understand that this is what the forum is about. If you don't like the fact that people ask questions then don't participate in the forum!

 

[cbg]

I am not offended by the question. I am astounded that you would think this is a question that would require a jury to decide. If you don't like my tone, don't read my answers.

 

[VeronicaLodge]

cbg, most people don't know that jury's dont always decide cases and they certainly don't know under what circumstances that would be.

 

[ecmst12]

People here tend to frown on people who try to get out of paying stuff that they agreed to pay, too...

 

[mb94]

You knew what the deatils of the repayment program was when you started using it. The time to argue that you should have a different set of rules, because of your situation with work, would have been before you agreed to the program as is. You can't take advantage of the program for years and then turn around and want to change the conditions. How would you feel if the situation was reversed? If the company had agreed to pay for everything, but then after a few years handed you a bill and said that because you used some of your education outside of work, then you should pay for part of it?

You have to stick with the deal you agreed to. End of story.

 

[cbg]

Veronica, I'm sorry, but I think common sense would indicate that a difference of opinion on the interpretation of a tuition repayment agreement is not something for which a jury would be required. Particularly when the difference of opinion is merely a stretch to try to avoid paying and not a legitimate issue.

 

[moburkes]

Veronica, I'm sorry, but I think common sense would indicate that a difference of opinion on the interpretation of a tuition repayment agreement is not something for which a jury would be required. Particularly when the difference of opinion is merely a stretch to try to avoid paying and not a legitimate issue.

Don't apologize. Both her and the OP are wrong on this one.

 

[crypto99]

I guess my world must be different. I had my exit interview today and I argued the point with my HR representative. Her perception was that it was arguable and my director had no interest in pursuing the matter since he thought he had received a good return on his investment. Bottom line. I owe NOTHING. I guess it doesn't matter what a fairly useless lawyer thinks as long as it never gets into their hands. Don't worry CBG, I didn't mistake you for a lawyer. You may have the attitude but you'll never be tactful enough to present an argument against a real professional and look good.

 

[moburkes]

I guess my world must be different. I had my exit interview today and I argued the point with my HR representative. Her perception was that it was arguable and my director had no interest in pursuing the matter since he thought he had received a good return on his investment. Bottom line. I owe NOTHING. I guess it doesn't matter what a fairly useless lawyer thinks as long as it never gets into their hands. Don't worry CBG, I didn't mistake you for a lawyer. You may have the attitude but you'll never be tactful enough to present an argument against a real professional and look good.

I suggest that you get that in writing, since the paper that you signed holds more weigh than the words out of that person's mouth.

 

[Silverplum]

Wow, you're (not) the very first to come back and answer that you were (exceedingly improbably) correct all along!!!

Congrats! You win something!