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.”
Constitutional Law Attorney
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.
1 lawyer agrees
Education Law Attorney
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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