Can employer take my final paycheck for tuition repayment without announcing it or discussing it?

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Can employer take my final paycheck for tuition repayment without announcing it or discussing it?

I recently gave 2 weeks notice and had an exit interview with my previous employer’s HR department. I received tuition reimbursement and I am aware they can “recover” monies paid if leave within 12 months of payment. What is fair in recovery? Can they just take my final paycheck for hours worked? I thought they can only attach wages for taxes and child support. There is nothing that says on the forms I signed that says they can keep my final check only that it is recoverable. I think this was not legal for them to do with out any discussions or anything in the final interview.

Asked on March 17, 2012 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employer cannot legally unilaterally withhold any tuition advanced you by it from your final pay check without prior written approval by you. I would speak with the human resources department of your former employer to see what can be done to resolve the issue you are writing about.

If this discussion does not resolve the problem to your satisfaction, your recourse is to consult with a labor attorney and/or make a complaint with your local department of labor.

A fair recovery for you is what you are willing to accept and walk away from the situation you are writing about.


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