My wife and I have a question for this legal forum which we would appreciate your advice.

During the interview process, my wife explained the education benefits she was due to receive from her then current employer for her upcoming MBA that she had been accepted and enrolled to and stated that as a condition of employment she would expect similar benefits and asked her now present company how the process worked and whether she would get reimbursement assistance if hired. She also used her previous to her now previous employer's program as a reference as well (for clarity sake). During her interview with a senior manager, she was told that she would indeed get reimbursement assistance and that the process was only a formality as the company strongly encouraged higher education. None of this was put in writing as were other benefits she negotiated considering how automatic this senior manager and others made it appear. Now, after she has been employed with them and went through this 'formality' to get education reimbursement the company has told her they will not pay for any of her MBA due to current company performance (this is less than 2 months from her being told it would not be a problem in her interview). According to an email she has retained from one of her managers this no reimbursement policy had been in effect for some time. Many managers who were part of the hiring process knew she was contingent on this benefit (including the one 'helping' her fight this). We incurred huge sacrifices to take this job considering she left a great company at the time in a state far away to move here just to be mislead/fraud. Majority of the moving expenses we incurred and now that her school is upon us we have no backup plan to pay for the expenses (eg, student loans, grants, etc.). This company recruited her from her previous company due to her skills (she did not seek them).

Does anyone have any advise or think we stand a chance in the court of law for a) reimbursement of her MBA as lead to believe, b) damages to her career that are certain to occur due to a legal battle within and c) damages to her marketability due to the length of employment new employers will see on her resume that they will no doubt take into consideration whether to contact her for employment.

Thanks in advance... J&K

Unless she has a contract with the reimbursement in writing, you don't have much to go on.

Additionally...the company has the right to modify their policies at any time they deem fit even if there is an offer letter that describes the benefits that are in place at the time of hiring. These modifications could be benefit improvements, raises in pay (from the original offer) or benefit reductions.

Ironically, no one ever contemplates legal action when they've received a rate increase over and above what was on the original offer letter :)

It is possible that you have an implied contract for the education benefits and or detrimental reliance claim if you based the move on these benefits and the company knew at the time that they would be unable to offer them, but lied to get her to take the job. I'd think you would have an uphill battle to prove that tuition reimbursement was the reason you moved your family out of state and made "huge sacrifices". If you wish to pursue these avenues, I'd speak with a lawyer about it. I wouldn't hold my breath, but it can't hurt to seek an intial consult.

I'm not sure why she would quit over this and how you are so sure that it will affect her career in the long term. I do know that you can not recover damages for what might happen at some future point and I wouldn't expect the lack of one benefit to serve as justification to quit and be able to collect UC.

Next time, if it is important enough for you to base your decision on, get it in writing.

johnnyandkate:

what state are you in?