Legal Question in Employment Law in California

Tuition reimbursement

My employer offers tuition reimbursement for up to $5,000 per calendar year to employees towards college classes if passed with a grade of C or better.

My employer told me that if I leave within a year of receiving the reimbursement I would have to pay it back.

Is it legal in the state of California for them to force me to pay it back and/or take money out of my paycheck, if I leave the company within a year of receiving the tuition reimbursement?

Please advise.


Asked on 1/31/05, 4:04 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Tuition reimbursement

If you never authorized in writing that tuition be taken out of your paycheck, it is sacred and no amounts (other than taxes and benefits) may be deducted. Of course, they could sue you for breach of agreement assuming that you agreed to that policy.

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Answered on 2/02/05, 10:22 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Tuition reimbursement

What Mr. Cohen says is correct. But just so you understand, the tuition reimbursement is a fringe benefit employers do not have to give. They have the right to attach conditions to receive the benefit. It is usually offered to employees as an incentive for the employee to improve themselves for the benefit of the company. It is viewed as an investment in the company. If an employee takes the benefit and then leaves, the company takes the loss. If enough people do what you propose, eventually, the company will stop offering tuition reimbursement and everyone loses.

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Answered on 2/03/05, 2:08 pm


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