Legal Question in Employment Law in California

We have an intern employee that will be leaving to go back to school. He would like to go on a long-term leave until he has completed his schooling and then return to work for us full-time. He wants to have a signed contract for his employment and tuition reimbursement.

However, my understanding from the IRS website and the state of California website, the tuition reimbursement is for employees only. Therefore, my understanding is that he could not receive the tuition reimbursement.

Can you please advise me if this statement is correct?

Thank you for your time.


Asked on 9/03/14, 10:48 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Don't know about the IRS rules, but I do know good and bad business decisions, and this would not be a good one for you, only for him. Also, you won't and can't get 'legal advice' here, as that is reserved for retained clients.

In general, promise you'll interview him when he gets ready to return/join the work force, even promise to give him some brownie point preference then if you like, but then is when you make a hiring decision, regardless of what he 'wants' now, or what IRS impact would be now. If 'pushy' is a good trait for employees at your company, maybe he will be a good fit then. In CA all employees are 'at will', essentially a permanently probationary status, unless they have a written contract to the contrary. Choose wisely.

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Answered on 9/04/14, 10:19 am


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