Legal Question in Employment Law in California

Tuition benefits and breach of contract?

In 8/03, I accepted employment. One benefit offered was full tuition

reimbursement. I was advised in writing and verbally at the time that tuition

costs would be repaid in full if the course was either A: accredited by a

nationally recognized entity and provided college credit, and/or B: related to

a function of my job. It was stated to me that the purpose of the tuition

benefits were solely for my enjoyment - as long as it was a legitimate

program, I could study basket weaving for all I cared.

After 6 months of employment I requested reimbursement in advance for the

well-recognized Dale Carnegie Courses. College credit is available for a $39

fee. The total cost of this course is $1,495 plus the transcript fee.

I was advised by HR that though the course met the standards of being

accredited and providing college credit, the company would not reimburse.

Similar experience was available within the company, and so they would not

pay for the course. Other employees are enjoying thousands of dollars in

tuition reimbursement for courses similar to their work at the company,

including logistics, business, marketing, etc.

Are there similar cases out there? What can I do?


Asked on 5/01/05, 10:13 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Tuition benefits and breach of contract?

It is always risky when you challenge the employer you are currently with because you could win the battle but lose the war. As a practical matter, you could take the company to small claims court, based on a breach of contract claim, and probably win. But will it be worth it? Your employer will not be very happy with you. The first time you make a mistake may be your last. You should weigh what is important to you, very carefully.

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Answered on 5/03/05, 2:53 pm


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