Can an employer take legal action if tuition is not repaid?

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Can an employer take legal action if tuition is not repaid?

I left an employer due to illness. My FMLA was out and they would not grant me a personal leave of absence, so I had to resign. Now I owe them $1800 in tuition fees and they are not giving me many options. Can the employer take legal action?

Asked on March 21, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what the agreement was when they paid for tuition. If the agreement was that you would repay if you left (or left before a certain time), then if you don't pay, they could sue you for the money, based on breach of contract (violation of the agreement). If there was no repayment agreement, however, they cannot retroactively add one after the fact; what matters is what was the agreement at the time they paid for tuition.


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