EAP - Tuition Reimbursement Payback

[MJBarrett]

I live and work in California. I received tuition reimbursement as a part of our EAP Program and in doing so agreed to stay with the Company for 3 years or payback the amount, pro-rata, if I resigned. The contract also states that the Company still has "at will" rights and may terminate me at any time - at this point the contract would be void. The Company I work for was just purchased by a company I have no desire to work for. Is this contract still binding since the agreement I signed was to continue working for a specific company which no longer exists?

 

[Attorney_Replogle]

Yes you do have to still abide by the terms of the agreement. The company taking over has to live by all the contracts of the former company it is taking over. The only exception to this would be if there was a clause in your agreement that gave you an escape hatch in this situation.

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Mark B. Replogle

 

[MJBarrett]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Attorney_Replogle:
Yes you do have to still abide by the terms of the agreement. The company taking over has to live by all the contracts of the former company it is taking over. The only exception to this would be if there was a clause in your agreement that gave you an escape hatch in this situation.

<HR></BLOCKQUOTE>

 

[MJBarrett]

Since I signed an agreement to work for a specific company, based on their reimbursing my tuition, why am I obligated to work for the company that purchases them? I signed an agreement to work for XYZ Company for a period of 3 years, not ABC Company - I would not have signed the agreement based on a contract with ABC Co. Can you clarify.

Thanks