Another Tuition Question

[humanya]

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

I received tuition reimbursement from my employer in 2009. I never received nor signed a promissory note. I was aware of it, but it was never provided to me. HR sent me a copy of the promissory agreement that should have been sent initially.

The only documents I signed were those which indicated the courses I intended on taking. Our overall policy states that payback should occur if I left the company before 12 months time.

Legally...not ethically...do I have to pay this back? Can my employer garnish my accrued vacation time and final paycheck? I am going to do the right thing, but I am not going to be bullied. Thoughts? Concerns?

 

[justalayman]

are you still employed there? You state:

Our overall policy states that payback should occur if I left the company before 12 months time.

are they enforcing some other requirement on you? If so, what was your agreement when you applied or were approved for the tuition assistance?

I must presume you are leaving the company or this wouldn't be a concern, yes?

 

[swalsh411]

Agreeing that one owes a debt to their employer and agreeing to a payroll deduction are not the same thing.

Texas requires authorization in writing for a payroll deduction other than something required by law.

My opinion is that you could probably be successfully sued for the debt, but they could not legally take it out of your pay check since you did not authorize that. If they did, you could file a claim with the Texas Workforce Commission.

Now ethically, why do you think you don't owe the money? Because of an HR mistake?

 

[eerelations]

Agree. They can sue you, and if they do, they will probably win. If you think that's bullying, then, well, your definition of bullying is completely different from everyone else's.

 

[humanya]

Thanks for the answers. I intend on doing the right thing and paying it back - however, I will need to do it in installments.

I turned in resignation earlier this week, and there is a sense of bitterness on their end that I feel will turn ugly.

 

[LeeHarveyBlotto]

Agree. They can sue you, and if they do, they will probably win. If you think that's bullying, then, well, your definition of bullying is completely different from everyone else's.

I'm just curious why you believe the employer would prevail with no contract in place.

 

[eerelations]

While company policies often don't carry much weight in employment law, this particular policy (of which the OP has admitted he was aware) may carry more than enough weight in small claims court to cause the judge to rule in the employer's favour.