Results 1 to 10 of 10
  1. #1
    Join Date
    Dec 2013
    Posts
    4

    Default Do I Still Qualify for Tuition Reimbursement if I Was Fired then Later Rehired

    My question involves labor and employment law for the state of: Ohio
    I have been working with a Logistics company for over a year now. I started on 9/17/2012 and worked till about 9/17/2013 (Was a sales position and was fired for not hitting my annual goal) Though my boss made me re-hirable for any other position in the company since I wanted to get into the IT department. So a few months pass and Im searching for a job and decide to get a position at my old company back, I apply and get the job.. Mind you i left around 9/17/2013 and get rehired and start on 11/25/2013. I have to re-apply for all of my benefits and such. Though, any new position I want internally, I have to wait a full 365 year until I can apply. I am in school now for comp-sci and was interested in the tuition reimbursement program with my employer, which to my luck is only for people whove maintained employment of over 1yr.

    My question is, since I was gone from the company for LESS THAN 90 days (And was not employed anywhere else in the mean time), by law am I still elligable for these tuition benefits/position switch with my company even though they are telling me no? Within 90 days, if I am rehired back on at the same company, is that considered a break in employment? I have done massive research and it turns out various other countries / states state that returning to the same company within 90 days without working anywhere else inbetween is NOT a break in continuing service/employment. Please help me get this figured out!!

    Also they even declined my holiday pay for not being there for 90 days yet.. I worked on Thanksgiving ALL DAY.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    You must meet their requirements. What happens in other states and countries is irrelevant.

    With that said, do you have a copy of their policy?

  3. #3
    Join Date
    Dec 2013
    Posts
    4

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    do you mean a copy of my employers policy??

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    Yes, that's what I meant.

    As a general rule, your employer can basically decide on the criteria.

  5. #5
    Join Date
    Dec 2013
    Posts
    4

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    one last question, what if these terms are not defined in any of the companies documents what so ever? What do i do from there?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    Tuition reimbursement is not mandatory in any company.

    If the employer doesn't count the 90 days as "continuous" employment, then that's what they decide.

  7. #7
    Join Date
    Dec 2013
    Posts
    4

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    From what I have found in their documents is this under the rehire policy,

    "If the rehire date is less than six (6) months from the termination date, service will be credited with prior regular service"

    What does this exactly mean?

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,491

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    No, the law does not address eligibility for tuition reimbursement benefits. That is entirely a matter of company policy.

    In fact, as far as the law is concerned, the only benefits where the employer must take prior service into consideration are FMLA and MAYBE retirement plans. All other benefits, it's up to the employer when and under what circumstances they will implement new-hire waiting periods.

  9. #9
    Join Date
    Jun 2013
    Posts
    15

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    cbg and Dogmatique are spot on however there is no reason you can't take that policy language to company HR (or equiv) and appeal to them internally.

  10. #10
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Fired from Employer and Rehired Within 90 Days by Same Employer Different Positio

    Agreed with the other answers, but I am going to give a slightly different answer. There is no law that say that the employer MUST reimburse, but there may be consequences for failure to do so. Employer paid educational expenses are normally taxable unless one of two exceptions occur. IRC 132 is Working Condition Fringe benefit, basically no formal benefit program, but a bunch of rules ensuring that this is strictly work related. IRC 127 is the Educational Assistance Program (EAP), which is famous $5,250 limit you sometimes hear about. The key is that for this to work there must be a formal published benefit plan and the rules must be followed. Now this is not DOL related (ERISA, FLSA). It is not an employee right per se, but rather what the employer must do to keep the benefit "qualified" (aka non-taxable). If what you are talking about falls under this, get a copy of the plan and READ IT. IRS will not care if you are paid, only that the taxes are right. But having a copy of the EAP will help you talk to HR (if applicable) and if you have to go to small claims court using a Common Law remedy, it could help there as well. No sure things, but having a copy of the plan (if applicable) could help.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Employer Fired Employee and Stopped Payment on Tuition Reimbursement Check
    By maher2229 in forum Employment and Labor
    Replies: 1
    Last Post: 12-27-2012, 09:19 AM
  2. Resignation: Tuition Reimbursement After Resignation
    By kglea16 in forum Employment and Labor
    Replies: 2
    Last Post: 12-12-2012, 03:16 PM
  3. Job Benefits: Demand for Tuition Reimbursement
    By leprdmom in forum Employment and Labor
    Replies: 5
    Last Post: 08-23-2011, 05:02 PM
  4. Expenses and Reimbursement: Tuition Reimbursement Pay-Back
    By swilloug in forum Employment and Labor
    Replies: 1
    Last Post: 03-19-2011, 06:37 PM
  5. Garnishment and Execution: Can Tuition Reimbursement Be Garnished
    By marktomarket in forum Civil Procedure
    Replies: 1
    Last Post: 04-15-2009, 07:16 AM
 
 
Sponsored Links

Legal Help, Information and Resources