Do I need to repay my Tuition Reimbursement?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I need to repay my Tuition Reimbursement?

I was recently terminated from my job and have just received a letter asking for
tuition reimbursement repayment. Under the terms that I signed it states ‘If your
employment is terminated due to death, business disposition, or the end of
protected service following disability layoff or plant closing, each as defined
by the company in its sole discretion, at any time before or after the completion
of the course, you will not be required to repay any portion of the Tuition
Benefit…’ Do I have any legal ground to fight this?

Asked on August 9, 2016 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the agreement you signed regarding tuition reimbursement only allows you to not repay if "your employment is terminated due to death, business disposition, or the end of protected service following disability layoff or plant closing, each as defined by the company in its sole discretion," then you would, based on what you right, have to repay the tuition unless and only if the termination was due to one of those defined reasons. Otherwise, it is legal for employers to require tuition reimbursement, as long as that was the agreement when the employee agreed to accept payment of tuition; an agreement about if and when to reimburse tuition is legal and enforceable, so if under the terms of the agreement,  you have to repay when you were terminated for the reason you were terminated, then you do have to repay. A typical termination or firing, such as for poor performance, absenteeism, violating company policy, insubordiantion, etc. would not be one of the quoted reasons, so the typical termination would require repayment.
 
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption