Legal Question in Employment Law in Virginia

My company (Firm A) is in the process of being acquired by another company (Firm B). Currently, I have a tuition reimbursement commitment to Firm A. The agreement with Firm A states:

"In the unlikely event that I do not maintain acceptable grades or graduate from the MBA program indicated below, or if I do not return to Firm A when scheduled upon completion of the MBA program, or if I terminate from Firm A within two years of the date of completion of my MBA, except in the case of death or disability, I accept that I am obligated to repay the sponsorship fees in full."

My new company, Firm B, provided me with a new employment contract which states:

"You acknowledge that this Employment Agreement supersedes all prior oral or written agreements or understandings with Firm B, except for any existing or outstanding agreements with Firm A or Firm B regarding repayment obligations."

Given the preceding provisions, as well as the fact that Firm A will cease to formally exist when the merger finalizes, do I have any opportunity to get out of my tuition commitment without paying back any tuition?

Any insight you can provide is appreciated.

Thanks.


Asked on 7/19/11, 7:27 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, I don't think so, given what you've apparently acknowledged in your

agreement with Firm B as to "any existing or outstanding agreements with

Firm A or Firm B regarding repayment obligations".

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Answered on 7/20/11, 8:49 am


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