Employer denying education assistance.

[noname101]

Ok, wait a second. The procedure is for you to fill out an application for approval?

Yes they have to verify that that class is on the approved list.

 

[Zigner]

Ahhh, a wise-guy huh?

Tell you what - seek a consultation with a local employment law attorney. You are NOT going to get the answers you WANT to hear on this forum.

 

[Zigner]

Yes they have to verify that that class is on the approved list.

Currently, the "approved list" has no entries on it. Buh-bye - you're done.

 

[noname101]

And you're wrong in THAT assumption too!

Okay can you give some supporting evidence. I am sorry that I am not just taking what you say as... well.... Law.


Thanks.

 

[LeeHarveyBlotto]

So what you are saying that terms have no legal meaning? Oh well in that case I AM a lawyer. It does not matter it is just words right??

The word benefit has no meaning in law signifying a contractual obligation.

 

[noname101]

Ahhh, a wise-guy huh?

Tell you what - seek a consultation with a local employment law attorney. You are NOT going to get the answers you WANT to hear on this forum.

Look I am trying to find out the truth no matter what it is. It not that I am not hearing what I want to, it is that I am being told things with no supporting evidence. Is the really issue that I did not just read the first post and accept it with not questions? It is a sad person that can not stand to be questioned on their knowledge. If your answers are right, which I am in no position to dispute mind you, why is it like pulling teeth to discuss them?

 

[mlane58]

It is not a contract but, is a good faith document that we both enter into as terms of my employment.

So you read the handbook prior to starting your employment? It is neither a legal binding contract nor is it a good faith document. Maybe if you read a little deeper, I am sure there is a disclaimer somewhere in the handbook stating it does not consitute a legal contract and can be amended or changed at the discreation of the employer.

Why should I let a company not follow through on what they promised just because the economy is bad.

And where exactly did your employer promise you ewducational assistance?

I am not a lawyer and I know all of you are much smarter then me but, yes there are some parts that are unclear. For instance the statement about the handbook not being legally binding, I now I live in Ohio but this seems to indicate that a handbook is legally binding: Converted WP file 21406. And it seems to have been used in a case in Arizona.

Well thank God for small favors. I suggest you read that case as it was reversed. I can see that the entitlement attitude is alive and well with you.

 

[noname101]

So you read the handbook prior to starting your employment? It is neither a legal binding contract nor is it a good faith document. Maybe if you read a little deeper, I am sure there is a disclaimer somewhere in the handbook stating it does not consitute a legal contract and can be amended or changed at the discreation of the employer.
And where exactly did your employer promise you ewducational assistance?
Well thank God for small favors. I suggest you read that case as it was reversed. I can see that the entitlement attitude is alive and well with you.

Does the reversal not refer to Justice Miller's verdict? Meaning that the hand book is a contract? Also how is having somebody follow through on a promise entitlement, I guess the same way I am entitled to my paycheck every other week.

 

[cbg]

So your position is that whatever you and the employer agree to at hire, is carved in stone and cannot ever be changed?

Okay, fine then. You will, of course, forfeit any raises, promotions, bonuses or other benefits - your status benefits and compensation will forever remain as they were on the first day of employment.

Sauce for the goose.

 

[mlane58]

How did you get that out it? The appeals court reversed the original verdict against the employer and stated clearly that

" In the present case, there was no dispute that the plaintiff was aware of the revisions made in the 1986 and 1989 handbooks. Each handbook contained a clear disclaimer to the effect that there was no contract of employment, and employment was at-will. The employer's motion that the subsequent handbooks superseded the 1981 manual from a legal standpoint should have been granted. "

So how was there a contract when the the employer had a clear disclaimer as stated above? And I am sure your employer has the same.

 

[noname101]

So your position is that whatever you and the employer agree to at hire, is carved in stone and cannot ever be changed?

Okay, fine then. You will, of course, forfeit any raises, promotions, bonuses or other benefits - your status benefits and compensation will forever remain as they were on the first day of employment.

Sauce for the goose.

Are you reading any of this? In fact I stated the opposite I said "They can edit the hand book with a 30 day notice and it would be gone", as is the guidelines of the hand book. As I have also stated before they have not changed/updated/edited the handbook in anyway. I am flowing the hand book and I am getting denied. While bonuses and option are in the handbook, and I will agree can be terminated at anytime, following the procedure outlined in the hand book, salary is not and there for falls outside the handbook.

 

[noname101]

How did you get that out it? The appeals court reversed the original verdict against the employer and stated clearly that

" In the present case, there was no dispute that the plaintiff was aware of the revisions made in the 1986 and 1989 handbooks. Each handbook contained a clear disclaimer to the effect that there was no contract of employment, and employment was at-will. The employer's motion that the subsequent handbooks superseded the 1981 manual from a legal standpoint should have been granted. "

So how was there a contract when the the employer had a clear disclaimer as stated above? And I am sure your employer has the same.

Right. So we agree that the handbook is a contract for employment. Be it at-will for not. As long as the hand book has been updated, which again this handbook has not been updated. Had it been updated I would not be here.

 

[Zigner]

Right. So we agree that the handbook is a contract for employment. Be it at-will for not. As long as the hand book has been updated, which again this handbook has not been updated. Had it been updated I would not be here.

You completely ignored the fact that the class you wanted to take was no longer on the "approved list"

 

[mlane58]

Right. So we agree that the handbook is a contract for employment. Be it at-will for not. As long as the hand book has been updated, which again this handbook has not been updated. Had it been updated I would not be here.

NO WE DON'T AGREE! I never stated or even implied that it is or was a contract. You keep hearing what you want to hear and good luck finding any attorney that would even listen to you about this--it doesn't have to be updated, so long as the employer has the disclaimer in there. I'm done - beat head against wall !!!!!!!

 

[noname101]

You completely ignored the fact that the class you wanted to take was no longer on the "approved list"

Umm but that is not the case. It is still on the approved list.