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Recent Tuition Reimbursement questions

The company has a written policy outlining steps action on

The company has a written policy outlining steps for disciplinary action on tardies . Verbal warning, then 1st written warning, 2nd3rd 4th and final before termination. I was written up as a final written with no other previous and next step termination.

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
State: Arizona. City: Phoenix. Situation: I (employee)

State: Arizona. City: Phoenix. Situation: I (employee) entered into a Tuition Assistance Agreement (hereafter referred to as Agreement) with my employer for obtaining my MBA on July 29, 2014. At the time of entering into the Agreement, my employer had a standard tuition reimbursement policy (hereafter referred to as Policy), but no Agreement. My boss at the time insisted on having a separate Agreement, which I wrote and we executed. The terms of the Agreement regarding how the tuition was paid, whom it was paid to, and the obligation timeframe for payback of the tuition were greatly different than the terms of the Policy. Under the Agreement, payments were to be by made by the employer directly to the University at the time tuition was due. In return, the employee was to maintain a 3.0 GPA or better, and have a work payback obligation for three years after final payment was made. Almost immediately after entering into the Agreement, my employer did not adhere to the payment terms of the Agreement. Instead the employer unilaterally defaulted to the Policy tuition payment terms (employee pays the tuition and will be reimbursed after presenting their grade of a “B” or better; and the reimbursement payment to employee would be processed through payroll as income). By the employers failure to adhere to the terms of the Agreement, the employee had to utilize credit cards to fund the tuition payments, and wait for the reimbursement payment from employer to pay off the credit card debt. Additionally, the employer processed the tuition reimbursement payment as income, causing the employee to have to pay significant taxes on the reimbursement monies.Question: Since the employer didn't adhere to the terms of the Agreement, regarding the tuition payment terms, is the employee obligated to adhere to the payback obligation outlined in the Agreement?

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Infolawyer

Attorney

Juris Doctor.

37,294 satisfied customers
I live in an "at will" state when it comes ot employment and

I live in an "at will" state when it comes ot employment and I got hired less than a year ago as a registered nurse in a specialty department. I was told that the hospital would pay for my certification (approx $6200, which the policy says you are not even entitled to unless you have been there 6 months to a year I think but I got it immediately upon hire) for me to ultimately be a specialty nurse as well. Long story short I was supposed to be hired as salaried. However, my employer pulled a bait and switch. I was hired as an hourly employee at an hourly rate of pay (significantly lower than the rate of pay for a salaried RN in the specialty department). A recruiter from HR called me to rectify the situation about a month later drawing my attention to the error and said that I was hired at the wrong rate of pay and they were going to fix it. However, my manager intervened and said I couldn't have the pay increase or back pay because I wasn't certified even though HR has stated to me more than once that just being salaried in this department entitles you to the pay increase. Ultimately I didn't get the money. I am now finally certified and entitled to the pay increase. However, I went to HR about a month ago and filed a complaint against my manager for blocking the raise, and for hiring me at an hourly rate and then switching me to salaried. Things have gotten horrible at my job and I want to drop down to being a PRN employee to escape my manager's retaliation. My biggest fear is that they will try to make me pay back the tuition reimbursement even though I never signed a contract stating i would have to stay a FT employee for X amount of years due to the tuition reimbursement. If I drop down to PRN or PT, or even quit would they be legally able to make me repay the tuition reimbursement? I did sign reimbursement forms but NONE of them were contracts with a clause about repayment, they were just typical reimbursement forms for travel/education etc. I need to know what i am legally bound to if I simply hand in my resignation one day.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I worked medical transportation years, with no incident. In

I worked for Allina medical transportation for 20 years, with no incident. In 1995 a new director was hired, he was terrible, managed with fear and intimidation. He fired my manager who was a lesbian in her 40' she immediately filed a law suit. 3 other women besides myself were getting harassed daily.. Allina legal hired a private investigator to find out what their risk was, she and I talked regularly, she told me her verbal report to Allina was going to be horrible. I gave a deposition for the law suit. The next 5 years Allina tried to fire me 5 times, never with enough information to stick. The finally fired me in 2010 for a HIPPA violation, I received unemployment, went through mediation and then arbitration and won my job back back pay + benefits, and tuition reimbursement. When I came back to work they continue to retaliate against me so I quit. Here we are 6 years later I work for a medical products company, my only account is Allina. First it was defamation - an upper level manager called my boss and said "Amy has a terrible work history, and she was FIRED from Allina, are you sure you want her?" I told my boss all of that information was incorrect, I provided him with the arbitrators documentation. We thought it would end there. Over the next 3 months Nov, Dec,Jan, I was constantly being reprimanded by Allina and my boss told me more than once if Allina doesn't want you were going to let you go, Meanwhile I was getting compliments from the hospitals, physicians, and nurses from each facility. Last week my manager finally had it with their retaliation, and pulled me off the account. My job has changed, I have to travel now, and I feel like I have started this new job on a bad foot. What are my options??

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TJ, Esq.

Juris Doctor (JD)

10,584 satisfied customers
Before I was employed, a verbal agreement was made that the

Before I was employed, a verbal agreement was made that the company would pay for $5,000 a year in tuition with no commitments required. They didn't believe in forcing an employee to work for them a year or more after because it's a major tax write off for them.When it came to scheduling my classes about 7 months later, I was made to sign a newly created Tuition Reimbursement Policy. This policy did not exist (nor ever existed) on the employment website, the HR website, or the employee handbook. This was a new document.This is the only binding aspect of the policy:""By participating in the company Tuition Reimbursement Policy the employee agrees to stay at company for one year from finishing the last semester that company pays for. If employee fails to stay onboard for 1 year it may result in tuition repayment to company. This can be done through paycheck garnishment.""I had to sign this for each semester (totaling signed 3 policies under 2 years). I stayed with the co

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Infolawyer

Attorney

Juris Doctor.

37,294 satisfied customers
I have been employed going on 4 years now. I have a MBA through

I have been employed going on 4 years now. I have a MBA through an unaccredited university. I never wrote on my application that I had this degree, but it was on my resume when they interviewed me. I started taking courses as I wanted to pursue my doctorate degree. In order to do this the college IWU would not accept my classes from the university and I basically had to start from scratch.My boss has sent two people to the hospital due to a hostile work environment. I recently on 5/20/2015 took a leave of absence per doctors orders. I filled out all FMLA and STD paperwork. While this was taking place, our company was being audited and it was found that the classes I was taking was associate degree classes. Each time on my tuition reimbursement paperwork I wrote pursuing my doctorate degree.On Friday 5/22/2015, I received a letter stating that I resign and not sue the company and they will waive my tuition reimbursement or she will terminate me and I will have to pay everything back. Can she do this? Can I sue her and the company for hostile work environment? There is much more to the hostile work environment piece, but I'm trying to keep this short.Tina

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
I am an employee of the state of TN. One of my benefits is

I am an employee of the state of TN. One of my benefits is dependent tuition reimbursement of 50%. Because I am responsible for 50% of my son's tuition, I intended to use this benefit to pay for that. Now my ex thinks he is entitled to also benefit from this. He is going after me for it. The TBR policy regarding this P-131 clearly states that this is paid "for the benefit of the employee". Because it is a "reimbursement" and because it is my benefit as an employee, I do not think he is entitled to it. It is not a "tuition discount", it is not "financial aid", and it is not for the benefit of the dependent.

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Infolawyer

Attorney

Juris Doctor.

37,294 satisfied customers
I had to resign from my company because of mental stress that

I had to resign from my company because of mental stress that brought on clinical depression. Now they want me to pay back the tuition reimbursement they gave me a year before I left. I don't feel that I should pay it back because I was more or less forced to resign. How do I contest it?Thanks.

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Dwayne B.

Juris Doctor

35,316 satisfied customers
My company offers tuition reimbursement with the 'standard'

My company offers tuition reimbursement with the 'standard' max of 5250 per year. To ensure I get the maximum reimbursement for the 2014-2015 school year, I spoke to HR in November regarding the deadline to get the requirements (payment receipt and grades) so the Fall 2014 reimbursement would be for 2014 calendar year. I was told that she was not sure when accounts-payable would be closing the books this year (2014) but for the previous year (2013), everything had to be in by December 22nd/23rd. The HR associate also stated she was very pleased that I thought to ask about the deadline for fall reimbursement being applied for the 2014 year since “most people don't think of that”.At the end of the semester, mid-December, I had only received one grade out of my two classes and was pretty sure I would not receive the second until end of December. Again I call HR and ask if it was possible to send in the requirements for just one class for reimbursement as to make the 2014 deadline and was told as long as she got it by Dec 23rd, it would be processed for 2014. I immediately fax and inter-office over the requirements. Dec 22nd she calls and lets me know she received everything in good order and was sending it to accounts payable.Fast forward Jan 6th, the same HR associate calls to inform me that unfortunately the accounts payable person who needed to process the reimbursement was on vacation that week and now it would be processed for 2015. I spoke to my immediate Manager to express my frustration as now that leaves me with obviously less tuition reimbursement to get back this year since now $1,700 that I was believed to be applied for 2014 would be going towards my 2015 max. My Manager calls HR, agreeing that I did my part to meet the 2014 deadline for reimbursement but he was told that Fall tuition no matter when submitted is always held until the following year for reimbursement, which is of course contrary to my multiple conversations with HR. I feel as though they are trying to use that as an excuse because someone messed up in processing my reimbursement.Part if the tuition reimbursement form states:“Requests for reimbursement must be submitted within sixty (60) days after the completion of a semester or course. Upon approval of the reimbursement request, a check will be issued.”“Reimbursement will be made after the completion of a course, subject to the presentation of evidence of a satisfactory grade, proof of payment and timely submission.”

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
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