Am I required to repay my tuition reimbursement after I quit my job?

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Am I required to repay my tuition reimbursement after I quit my job?

I worked for a bank and received tuition reimbursement twice in the amount of $5200 I later quit and they called me for 9 months asking for the money which I did not pay. A year has passed, and they are calling me again. I did sign an agreement saying that I would repay if I left; however, the company wrote that off on their taxes anyway. Also, I was told the document I signed isn’t “legally” enforceable, they just use it as a threat, but I have not confirmed this.Nothing is on my credit report, but I do have my house loan at the bank and in the past they said they would put a lien on it. Do I pay?

Asked on August 30, 2011 Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, if you signed an agreement  or contract saying that you would repay in the event  you quit, then that IS legally enforceable--anyone who told you otherwise is in error. Maybe  they usually don't enforce it, but that doesn't mean they can't. Assuming the document clearly states your obligation to repay and you signed it, they may sue you on this.

If the company did write off a debt, then they can't also try to collect it--but did they in fact write it off, are you simply assuming they did, or relying on something someone told you? Even if the did write it off, if they assert a cause of action against you, proving it was written off can be an expensive undertaking, since it could require substantial discovery.

Whether you should pay or not is up to you; but be aware that is a good chance you are in fact liable for the money.


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