axeffect
02-05-2006, 04:29 AM
:confused: I Took up a course that was originally offered up by the employer to help me advance in my carreer.
I have since left the employer but am still going to school.
Is there any law that states that I am not financially obligated to pay my former employer back for this course; that was payed up front?
*In Massachusetts*
Marketeer
02-05-2006, 05:06 AM
Did you sign any sort of agreement that you would reimburse the employer for the tuition if you left within a specified period of time?
axeffect
02-05-2006, 11:53 AM
no,
there was no written agreement on pay back if I were to leave.
Also I did NOT sign any form indicating that I would pay it badk if I were to leave!!
Pattymd
02-06-2006, 05:20 AM
Then you have no legal obligation to do so. Are they attempting to get you to pay any of it back?
axeffect
02-06-2006, 11:54 AM
Yes.
I received a letter stating that they would like me to pay them back for the cost of schooling
Pattymd
02-06-2006, 05:09 PM
Well, I'm sure they would. But under what authority do they state that they are asking for it back? If the policy doesn't state repayment is required and under what circumstances, nor do the reimbursement forms you completed, nor any agreement that you may have signed to do so, they're probably just seeing if they can get away with it.
axeffect
04-13-2006, 10:58 AM
Does my former employer have any right to withhold my 401k distribution because I have not payed back any money from a course I signed up for and did not sign any paper work ststing that I would pay them back if I were to depart!!!
No. But they are not necessarily required to distribute your 401k immediately regardless of the tuition reimbursement or not. When they are required to pay out a 401k distribution depends on the terms of the plan document. While it's not common, I've administered one where all payouts were made annually; if payments were made in January and you left in February, under the terms of the plan document the employer COULD NOT distribute your 401k amount until the following January, nearly a year later. (It didn't stay that way long after I took over, but that was how the plan document read when I first got there.)
If your 401k plan document calls for quarterly, semi-annual, or annual distribution, they have to wait for the next distribution period. It's not necessarily because of the tuition.
