Legal Question in Employment Law in California
tuition reimbursement
I would like your legal advice. I have been getting tuition reimburstment from my employer and I signed a agreement:
Terminations or Separations. If an employee is transferred to another assignment or terminated by company for reasons such as a reduction-in-force, reimbursement is made for tuition incurred. An employee who voluntarily leaves employment with company or is terminated for cause is responsible for reimbursing company all tuition reimbursement received within the last 12 months of employment.
My employer is closing the office I work at and moving to another city further away. Because of this, I would have to relocate my household. Am I bound by the tuition reimburstment agreement, Do I have to make the move?
1 Answer from Attorneys
Re: tuition reimbursement
Since the policy does not specifically address the situation you are facing, one must attempt to interpret the intent of the policy. There are probably other factors than what you have presented here that must be considered.
If the central issue is whether you leave the company voluntarily or lose your job through no fault of your own, the reasonableness of requiring you relocate to maintain the tuition benefit depends on things like whether the employer will pay for your relocation, was it reasonable to expect you may have to relocate, how long you've been here, the monetary loss your family will suffer, any other hardships, etc.
If you can show it is unreasonable to force you to move, I think it would be difficult for the employer to require you to reimburse them for the tuition. As a practical matter, it would probably not be worth it for them to seek legal action against you. And it is unlawful for them to deduct the tuition from your wages without your consent. If you have problems with this employer, seek the advise of an experienced labor law attorney in your area.
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