QUESTION

My former company wants me to pay back tuition reimbursement that I don''t feel I owe them for many reasons. No one has paid this company back for

Asked on Sep 17th, 2011 on Business Law - Ohio
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reimbursement. I was told the only way I could get promoted was to have a B.A. although there are other women that have been promoted that do not have degrees. I was harassed until I obtained a challaging career with another company.
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The outcome of this matter will not be determined by whether you "feel" you owe the money or not. As a general matter, the terms of the tuition-reimbursement plan will control. If other employees have not been required to comply with the terms of the plan and you have a defense based on discrimination, you will bear a relatively heavy burden of attempting to prove your position, and you will need to show that the discrimination was carried out on a basis prohibited by law (e.g., race, religion, etc.), rather than simply employer preference. There is no law that prohibits "harassment" unless founded in sex-based discrimination. All of these matters will place you at a relative disadvantage to the employer, which merely needs to show that the money is required to be repaid. Consult a labor attorney if you are sued or wish to negotiate a settlement.
Answered on Sep 17th, 2011 at 6:01 PM

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