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  1. #1
    Join Date
    Jan 2016

    Default Enforcement of a Tuition Reimbursement Agreement After Resignation

    My question involves labor and employment law for the state of: Florida

    Trying to be as concise yet descriptive as possible. Feedback is appreciated!

    I signed a tuition reimbursement agreement with a former employer that called for payback if I departed before 24 months with the company after graduation. I departed the company before the 24 months’ time for reasons that I felt significantly impacted my professional growth and development. I made the decision to leave the company knowing that I would have to repay the balance of the tuition reimbursement.
    I left the company after the end of the fiscal year and monies due to me for performance bonus and vacation days were withheld.
    After leaving the company I tried for 6 months to obtain a balance due net of the money withheld, however the company never replied to my attempts to clarify the balances due net of monies they withheld or repayment terms. Nonetheless, I have been repaying for approximately 15 months at a reasonable amount I chose to pay based on what I can afford as no structure was ever set for repayment. I have not heard from the company for nearly 2 years until recently. They have been cashing the checks I send in monthly. Each check has clearly stated in the memo that the money is toward a tuition balance net of monies withheld.

    The company has recently contacted me to collect the entire balance immediately and they are not honoring those withheld monies due to me; specifically the performance bonus. They are demanding complete payment. The company states that I am not eligible for the performance bonus because I chose to leave the company.
    I have offered them payment in full net of the money owed to me, however they have not agreed to this.

    Key Points
    • I have an executed employment contract that defines the performance bonus and vacation terms.
    • I left the company after the end of the fiscal year and received excellent recorded reviews from my colleagues and supervisor, therefore ‘earning’ the performance bonus.
    • Every check I have written, and the company has cashed, over the past 15 months has the following in text in the memo: “For tuition balance net of performance bonus and vacation days”
    • The tuition reimbursement agreement never cites a structure or term for payback. It is a very simple document drafted without legal guidance.

    • Do I have a case for claiming the performance bonus due since I worked the full fiscal year and met the performance requirements?
    • If I have offered them payment in full net of the bonus, would they be better off taking that option or proceeding with legal action against me? Paying them in full on the balance net of monies due to me is approximately 65% of the total amount they claim I owe them.
    • What would be the overall best course of action?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Enforcement of a Tuition Reimbursement Agreement After Resignation

    In order to determine if you are eligible for any bonuses, whether or not you have any right to claim compensation for vacation time after you resigned, and whether or not you were properly compensated, we would have to read the contracts governing those bonuses and post-termination vacation time.

    If the company sues you for the money you owe under the tuition reimbursement agreement, you can countersue for any money that you believe that they owe you. It is up to them, whether or not they settle the matter for less than they believe you owe to them.

  3. #3
    Join Date
    Jun 2006

    Default Re: Enforcement of a Tuition Reimbursement Agreement After Resignation

    FYI, neither Federal nor Florida law requires that you be paid for unused vacation time. Unless you have a legally binding and enforceable contract that guarantees it, you may well be out of luck on that regard.

  4. #4
    Join Date
    Feb 2008

    Default Re: Enforcement of a Tuition Reimbursement Agreement After Resignation

    I have seen many many many performance bonus plans that are calculated on fiscal year BUT you must be employed as of the payment date for it to be owed to you. It is a very common practice to not pay out bonuses due to termination before payment. But only your actual written bonus plan will have the exact answer. Others have addressed the unpaid timeoff possibly owed. So yes, it is possible that your net number is too low due to those two differences.

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