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Tuition Reimbursement Waived for Some Employees but Not Others

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  • 05-17-2018, 04:39 PM
    Paula123
    Tuition Reimbursement Waived for Some Employees but Not Others
    My question involves labor and employment law for the state of: Virginia

    I'm looking for professional advice regarding my company's tuition reimbursement policy. As a full-time, permanent employee, you are eligible to apply for tuition reimbursement and, if approved, the company pays 100% of the cost. One of the stipulations is you must remain employed for 18 months following the end date of your most recent COURSE (not degree). This policy is only in effect if you, the employee, voluntarily terminate your employment. If the company terminates your employment for any reason (misconduct, lay-off, etc.) you are not required to reimburse the tuition dollars. I completed my Master's this past November (yeay!), so I know I am on the hook for repayment through May of 2019 in order to be "home free." I am planning to resign in the near future - thus making me responsible for the repayment of about $15k.

    All of that said, there have been multiple employees who have voluntarily terminated their employment with the company (some in past years, the most recent being this past March) and their tuition repayment was waived. It's sort of like an "oh, we forgot" or "eh, it's only a couple thousand dollars" attitude they take with some people. Regardless, it's discrimination, right? To require some folks to repay the tuition dollars and not others...

    I'll go ahead and answer what I think many of you will ask - yes, I do know for sure this is going on because I work in the HR department and I'm the one who processes employee paperwork. When I terminate my employment, should I be saying to them that I won't be repaying because it's a policy not enforced for all? Any thoughts/suggestions/advice is very much appreciated!
  • 05-17-2018, 04:52 PM
    flyingron
    Re: Tuition Reimbursement
    It may be discrimination, but it is not illegal discrimination. Discriminating because someone only has one or two courses paid for as opposed to a degree, would not be illegal.
    There's nothing that says policies have to be equally enforced on all employees, only that they can give preferential treatment to employees based on race, religion, etc..
  • 05-17-2018, 04:54 PM
    eerelations
    Re: Tuition Reimbursement
    It may well be discrimination but is it illegal discrimination? As you know (being an HR professional), discrimination is only illegal if it's based specifically and directly on things like race, gender, religion, age (over 40), disability, whistleblowing, and so on. So can you elaborate on which of these categories your company's discrimination in this area is based upon?

    Thanks.

    (And as flyingron has reminded you, employers aren't legally required to enforce their company policies anyway.)
  • 05-18-2018, 06:47 AM
    cbg
    Re: Tuition Reimbursement
    On the basis of what you have posted, it is not ILLEGAL discrimination. They can quite legally hold you to the repay agreement even if they've waived it for others. And if you're in HR and don't know that, perhaps you should go back to HR school.
  • 05-18-2018, 08:00 AM
    Guybrush
    Re: Tuition Reimbursement
    Whoa peep...be sure to read the op's posting again. He/she never said it was illegal discrimination - only discrimination, which is in fact possible, and as many of you have pointed out, is legal.

    The advice I would give is when it is time to resign, consider a 4 week notice and be pleasant. Ask the company to waive/forget the tuition. Many companies do just want you mention but circumstances vary greatly. Going after $2k is different that $15k. Usually it depends on if they feel they got a fair shake from the employee.

    I once had a co-worker put in his resignation a month in advance (tuition reimbursement was pro rated at the beginning of the year). He owed $15k if he left in December, $10k if in January. A week after he submitted his 4 week resignation, his boss (they didn't get along) told him to pack up his stuff and leave and that he was accepting his resignation immediately. Pay stopped right away, benefits at end of month. My coworker informed them that he felt this was company termination which meant no obligation to paying back the tuition and also allowed him to severance. Company disagree, coworker got lawyer, back and forth, they agreed to drop demand for tuition if he agreed to drop demand for severance.
  • 05-18-2018, 08:16 AM
    cbg
    Re: Tuition Reimbursement
    If she's in HR and doesn't know that legal discrimination does not give her any kind of recourse, she doesn't belong in HR.
  • 05-18-2018, 09:06 AM
    eerelations
    Re: Tuition Reimbursement
    And if she does know that this is legal discrimination, what was her point in mentioning it?

    Quote:

    Quoting Guybrush
    View Post
    Whoa peep...be sure to read the op's posting again. He/she never said it was illegal discrimination - only discrimination, which is in fact possible, and as many of you have pointed out, is legal.

    The advice I would give is when it is time to resign, consider a 4 week notice and be pleasant. Ask the company to waive/forget the tuition. Many companies do just want you mention but circumstances vary greatly. Going after $2k is different that $15k. Usually it depends on if they feel they got a fair shake from the employee.

    I once had a co-worker put in his resignation a month in advance (tuition reimbursement was pro rated at the beginning of the year). He owed $15k if he left in December, $10k if in January. A week after he submitted his 4 week resignation, his boss (they didn't get along) told him to pack up his stuff and leave and that he was accepting his resignation immediately. Pay stopped right away, benefits at end of month. My coworker informed them that he felt this was company termination which meant no obligation to paying back the tuition and also allowed him to severance. Company disagree, coworker got lawyer, back and forth, they agreed to drop demand for tuition if he agreed to drop demand for severance.

    And what's this business about severance pay? There is no legal right to severance pay in the US, no matter what the circumstances surrounding the termination - which means this is in no way a bargaining chip for the OP.
  • 05-18-2018, 09:35 AM
    adjusterjack
    Re: Tuition Reimbursement Waived for Some Employees but Not Others
    Quote:

    Quoting Paula123
    View Post
    I am on the hook for repayment through May of 2019 in order to be "home free." I am planning to resign in the near future - thus making me responsible for the repayment of about $15k.

    I suggest you make that "near future" a year from now. Stick it out. $15,000 is well worth a lawsuit. Wouldn't make no mind to your employer to sue you but would throw you into a tailspin trying to defend it while on probation at a new job. Check the reimbursement plan carefully. If it has an attorney fee provision you could end up paying for your employer's attorney as well as your own.

    Or, just write a check to your employer for $15,000 on the day you resign.
  • 05-18-2018, 09:56 AM
    cbg
    Re: Tuition Reimbursement Waived for Some Employees but Not Others
    You don't get severance pay when you quit.
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