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Have I found a flaw in a promissory note that would due me compensation for tuition reimbursement after being fired?

Dallas, TX |

While employed, I accepted tuition reimbursement totaling $10,000. After being fired, I applied for another $10,000 which was due to me. The second payment of reimbursement was denied due to a promissory note I signed. I don't however, think the note is written correctly to apply to being fired. The way I'm reading the note suggests if I leave the company under my will, I have to pay back. But I didn't leave, I was fired.
Here is the excerpt from the document: “I hereby agree to repay [company] an amount equal to 100% of the financial support I received during the past 2 years should I, as the recipient, terminate employment for any reason (except death, long-term disability or reduction in force) within 2 years of my receipt of any financial support pursuant to this Policy.”

Attorney Answers 3

Posted

If this is the sole provision of the agreement regarding recoupment of tuition, then you may well have found a defect in their determination.

I certainly agree that the next step is consultation with counsel. Many attorneys will provide an initial consultation at no cost to you. Consider contacting an attorney in your community, or consulting with one that you find here on Avvo.

This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.

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Posted

Maybe you have. And maybe they can still sue you at equity to recoup the money. Maybe you should consult with an attorney?

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Posted

I doubt they will sue. It's a 19 billion dollar company, and the "paperwork" they were supposed to send me months ago asking for me to pay has yet to arrive. They've also withheld $5K of my bonus due to the situation. All in all, I feel I'm due $15K due to a poorly written promissory note. Thank you for your comments/caution though.

Posted

The validity and enforceability of contracts are determined by the contract as a whole. Contact an attorney and have him or her make this determination.

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