last paycheck-education reimbursement

I recentky resigned from my company, and they are considering withholding my last pay check and accrued vaction to cover company sponsored education reimbursement. They are saying that since I did not stay for two years after completion of the degree, I must pay back all the reimbursed funds upon termination.

I did not sign anything that said I would pay back those funds if I left within two years. They have pointed to the reimbursement forms that I submitted, and there is an attachment on the back that I was unaware of that states the policy.

Things to consider--
1. I worked in California

2. They said they are looking for document that I would have signed at the beginning of my employment, that states that I would pay back any funds due the company at termoination. I am looking for these records as well.


what do you think?

1 answer  |  asked Feb 4, 2005 11:06 AM [EST]  |  applies to California

Answers (1)

Matthew Kaufman
employer can't do that

Your employer is in the wrong. They have to pay all moneys owed to you within seventy-two hours of you resigning, including vacation pay. Your employer can't offset moneys you them in their last paycheck either. California has even pubished a case on it called Barnhill v. Robert Sanders. The fact that you owe money money to the employer just does not entitle it to offset or withhold moneys from your last paycheck.

You can apply to the labor commissioner and receive a penalty of 30 days wages for the late payment. The fact that the employer can't find the papers you supposedly signed that creates the repayment obligation strongly supports the penalty aspect of the case. Good Luck!
Matt Kaufman, Harris & Kaufman, 818-990-1999

posted by Matthew Kaufman  |  Feb 5, 2005 3:35 PM [EST]

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