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My employer provides tuition reimbursement for my MBA with the caveat that I have to work for the company a year after I graduate. I have not completed the program yet but I’m leaving the company to pursue other opportunities. They asked me to pay back the tuition reimbursement. Do I have a legal argument not to pay back. Here are some facts The division was recently sold to another company thus they freeze all internal job applications and career mobility until the transaction closes. I decided to leave because the employer is not utilizing my new set of skills as I have obtained from my MBA courses. My recent performance review has zero comment on the development section.
Asked on April 29, 2017 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
None of the factors you describe has any legal bearing on your obligation to reimburse the tuition, unless there is a written tuition reimbursement agreement stating that one or more of these factors excuses repayment. Otherwise, if the agreement was simply that you would repay if you left prior to a year after graduation, then if you have not stayed for a full year after graduating, you must repay.
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