QUESTION
What can I do about my ex-employer keeping my last check due to a tuition reimbursement agreement
Asked on Jan 06th, 2015 on Employment Contracts - North Carolina
More details to this question:
I submitted a tuition reimbursement request last February and received 4000 in March for a program I completed in December 2012. The form I signed was an agreement to stay a year. I was offered and accepted employment last week at another organization. I put in a 30 day notice Dec 2nd anticipating an offer. My last day of employment was Jan 2. I was contacted today by HR stating they would be with holding my last check including 3 weeks vacation pay. I requested a prorated amount. Or waiver. They declined either and want the 4k or last check. Is there any options I have or is it legal for them to keep my last check.
1 ANSWER
4 Awards
Generally, any deduction from pay is unlawful unless it is in writing signed by the employee and states the specific amount of the deduction. If you have signed an agreement that meets those requirements, it is very likely that the employer can deduct it from your final wages. However, even if the employer cannot treat it as a deduction, they can certainly come after you for the money as a debt.
Answered on Jan 14th, 2015 at 6:03 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.