Legal Question in Employment Law in Massachusetts
I was suspended at work for insubordination and think that I will be losing my job. They typically offer employees an opportunity to quit on their terms or be fired.
Only problem is I was collecting tuition reimbursement and if I quit on my own terms I have to pay them back in the amount that was paid out in the last 12 months.
I do have accrued vacation time. I was wondering if they have to pay that out if I leave on my own terms. That would help to ease the financial burden of quiting.
2 Answers from Attorneys
you can negotiate with them. Tell them you will resign if they waive the tuition reimbsement. Regardless you are entitled to your accrued vacation pay.
Most companies will only state your date of hire and date of termination and will provide rate of pay with your consent only.
Indeed. If they are dictating the terms, then you really aren't resigning on your own terms. So, either set some terms that are favorable to you, or let them fire you. CAUTION: One main reason why a company would prefer to have workers "resign on their own terms" as opposed to being fired, is to avoid liability for increased Unemployment Insurance premiums. If you are fired, generally, you are entitled to Unemployment. If you quit, generally, you are NOT entitled to unemployment. Be sure to weight all the risks and benefits carefully of a decision either way and if you do end up negotiating a severance- get everything in writing.
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