Legal Question in Credit and Debt Law in New York

Ex-employer wants tuition money back?

I have a friend whom worked over 5 years for a private school. They went to school and the employer offered to help with tuition, but my friend had to sign a statement saying that they would repay the tuition paid by the employer if they did not stay one year after graduation. Now, a job offer came after graduation and the previous employer now wants my friend to set up a payment plan with them for the amount of tuition paid and they want to have this meeting before they give my friend their last paycheck. Now, I think that they have to pay thier employee the week pay they kept during employment 5 years ago. I also feel that since the general statement is not a contact for payment amounts, schedule of payments, and no specific details were worked out at the begining of the agreement that the agreement is not legally binding. So, the ex-employer is trying to get their money before the last check is issued to the ex-employee.

Can they hold payment of wages until an agreement is made for payment of the tuition? Is the orginal agreement legal? Can they make an ex-employee payback the money under a general signature under a statement?

This is occuring in NY State. Thank you.


Asked on 4/25/01, 12:08 am

1 Answer from Attorneys
Garry Hanlon

Re: Ex-employer wants tuition money back?

The repayment contract is both legal and

binding in New York. It is also commonplace

In fact, the terms

being asked by the employer are more

generous than necessary. Kodak's are

mandatory work for 2 years and immediate

repayment upon breach.

Tell your friend to negotiate in good faith

and pay back the money. Or, fulfill his

contractual obligation, and work for the

employer who so generously paid the tuition

for the year he agreed to

Read more
Answered on 6/16/01, 5:18 am


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