Tuition Reimbursement - Nothing Physically Signed but Policy in Place ... HELP!!!

[apb006]

What is the name of your state? Illinois

I recently left my employer on July 15, 2005 and my employer is requesting me to sign a promissory note to pay back a year's worth of tuition totaling $21k. There is a tuition reimbursement policy stating a one year commitment and the $21k was calculated properly in accordance with the stated policy. However I never physically signed anything such as a agreement or promissor note although I am sure when I requested reimbursement thru the company system that there was a box I had to check indicating I was aware and abide by the tuition reimbursement policy in effect. My questions are as followed:
(1) The fact that I never physically signed an agreement or promissory note give me any leverage or does the policy and the fact I am sure I checked something in the system electronically give them at least an unofficial "contract" in legal view?
(2) Does the company have a right if it comes down to it to send my $21k to a collection agency without an official legal judment being rendered?
(3) Is there anything I can do to prevent the company from sending my tuition reimbursement of $21k to a collection agency to being with?
(4) Why would the company be aggressively pushing me to sign a promissor note when in theory they already have what they need to force me to pay if necessary thru a collection agency?
(5) Does a collection agency have any specific requirements before they accept an assignment to collect my tuition reimbursement?
(6) I am sure if it goes to a collection agency the collection agency will probably end up filing suit for $21k so what would you recommend I do to avoid paying at all or as little as possible???

Thanks!
Regards,
Paul

 

[Sockeye]

Contact your former employer and work out a payment plan with them. You used the tuition funds knowing of the policy, you should hold yourself accountable and come to agreeable terms.

 

[apb006]

I understand where you are coming from and this would be the accountable route to go but I do not want to pay since it is a sizeable sum and family reasons caused me to look closer to home not getting a better offer elsewhere. Could you help answer my questions as best as possible? The one that really puzzles me the most is (4)???

(1) The fact that I never physically signed an agreement or promissory note give me any leverage or does the policy and the fact I am sure I checked something in the system electronically give them at least an unofficial "contract" in legal view?
(2) Does the company have a right if it comes down to it to send my $21k to a collection agency without an official legal judment being rendered?
(3) Is there anything I can do to prevent the company from sending my tuition reimbursement of $21k to a collection agency to being with?
(4) Why would the company be aggressively pushing me to sign a promissory note (which they are) when in theory they already have what they need to force me to pay if necessary thru a collection agency?
(5) Does a collection agency have any specific requirements before they accept an assignment to collect my tuition reimbursement?
(6) I am sure if it goes to a collection agency the collection agency will probably end up filing suit for $21k so what would you recommend I do to avoid paying at all or as little as possible???

 

[Beth3]

1) The fact that I never physically signed an agreement or promissory note give me any leverage or does the policy and the fact I am sure I checked something in the system electronically give them at least an unofficial "contract" in legal view? It demonstrates that you were fully aware of the terms of their policy when you accepted the tuition monies.

(2) Does the company have a right if it comes down to it to send my $21k to a collection agency without an official legal judment being rendered? Yes.

(3) Is there anything I can do to prevent the company from sending my tuition reimbursement of $21k to a collection agency to being with? You an repay the money on a schedule agreeable to the employer.

(4) Why would the company be aggressively pushing me to sign a promissory note (which they are) when in theory they already have what they need to force me to pay if necessary thru a collection agency?
Ya got me.

(5) Does a collection agency have any specific requirements before they accept an assignment to collect my tuition reimbursement? Presumably only that it's a legitmate debt that can be lawfully collected.

(6) I am sure if it goes to a collection agency the collection agency will probably end up filing suit for $21k so what would you recommend I do to avoid paying at all or as little as possible??? Why would any regular responders here want to assist you in stiffing your employer? They gave you $21,000 in good faith. I don't see why they should be left holding the bag because you decided to find employment closer to home.

Either repay the money or expect the employer to go to court and get a judgment against you and your wages at your new place of employment to be garnished repeatedly until the debt is repaid. FYI, if you decide to go that route, you'll also have to pay all the court costs each and every time the employer obtains a garnishment.

 

[apb006]

Beth thank you for responding directly to my questions. From your reply it appears I have no way out of this except pay it at some point; however, I have a couple of follow-up questions:
(1) Under what set of common circumstances have you seen in which people have gotten out of paying tuition back to employer's?
(2) What general conditions would possibly create "wiggle-room" to avoid paying back tuition reimbursement?
(3) So the fact that I never physically signed anything does not help me at all as long as the employer can prove I was aware of the policy in effect?

 

[Beth3]

You seem to think I'm interested in assisting you in stiffing your employer, who extended a very large amount of money to you in good faith so that you could advance your career. I'm not. You clearly knew the terms under which the tuition money was extended to you when you acccepted it. You owe the money - you need to pay it back.

 

[cbg]

(1) Under what set of common circumstances have you seen in which people have gotten out of paying tuition back to employer's?

I have never seen people get out of paying tuition back to employers.

(2) What general conditions would possibly create "wiggle-room" to avoid paying back tuition reimbursement?

Only if the agreement was written in such terms as to be illegal under state law. There are no circumstances in which you can avoid paying it unless those circumstances are written into the agreement.

(3) So the fact that I never physically signed anything does not help me at all as long as the employer can prove I was aware of the policy in effect?

No, not one whit.

 

[apb006]

But why push the promissory note?

I know it would be clear speculation on your part and thats perfectly fine with me so what is your opinion on why they keep on pushing me to sign a promissory note now when based on the previous replies it seems I have no options but to end up paying and they hold all the cards anyways? I am very puzzled by this because everyone keeps on saying I am stuck with no options but then the company is pushing me to sign a promissory note makes me think I am missing something and there case may not be as solid without it otherwise why bother ... right????

 

[cbg]

How about, because you've made it intensely clear that you intend to do anything you can to get out of paying this debt, and a promissory note would give them some leverage if you decide to skip the state?

I don't agree that their pushing you to sign a promissory note means their case is not solid. I think it looks more like they are aware of your intent to avoid paying your just debt and are taking every possible measure within their means to protect themselves.

 

[apb006]

That makes sense ... but something you said really interests me ... so if I move out of state that will make it more difficult for them to collect without a signed promissory note?

 

[apb006]

Weasel still needs an answer

Could someone please help answer my question ... if I move out of state that will make it more difficult for them to collect without a signed promissory note?

I know it does not seem to be popular but when people go to court they look at any angle to get off and that is what I am doing ... there is nothing wrong with it and it is done all the time ... look at the O.J. trial ... they used (and rightfully so) every possible angle to get him off and it worked ... this is pittance compared to that so please save me the preacher sermon on moral ethics and provide me some sound advice on my question ... there is nothing wrong with at least exploring options and angles.

 

[cbg]

Moving out of state will do NOTHING to limit your liability to pay. You will still owe the money and you will still be responsible for paying it.

I am NOT going to help you stiff your employer.

 

[apb006]

Looking for sleaze!!!! Bottom of the barrel comments welcome!!!!

Thank you for your candid thoughts but is there anyone out there who really wants to help me stick it to them??? There must be someone sleazy out there who could help??? I am not prejudice against sleaze in any way so if you are sleazy and can help let me know I am all ears. I am looking for some real dirty bottom of the barrel tricks here not a bunch of self-righteous baloney that does not help worth a lick ... surely someone knows how to beat this. Thanks!

 

[cbg]

That is not the purpose of this board.

If you want someone to help you cheat your employer, go out and hire someone to do it. No one here will.

 

[Sockeye]

Thank you for your candid thoughts but is there anyone out there who really wants to help me stick it to them??? There must be someone sleazy out there who could help??? I am not prejudice against sleaze in any way so if you are sleazy and can help let me know I am all ears. I am looking for some real dirty bottom of the barrel tricks here not a bunch of self-righteous baloney that does not help worth a lick ... surely someone knows how to beat this. Thanks!

I can at lest say now that I respect your honesty.