Author Topic: Former employer billing me per tuition assistance  (Read 46292 times)

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #100 on: January 21, 2016, 09:31:57 AM »
What are they going to do of you don't pay it? Sue you?  I'd wait until they escalate the issue further. I wouldn't pay them anything right now.

I'm pretty sure they could do that. My lawyer-friend initially was saying I could use them sending it to Debt Collections & Credit as a bargaining chip to have them accept a lesser amount, except I think they have an internal dept for that (if it were external, she said those debt collection companies usually take 40% of what the company is going after). In this case, everything seems internal so it seems they could 'afford' to go after me; plus, there's all this legal-speak about how I'd be responsible for any legal fees they incur in pursuing things. My friend didn't quite think the whole "jurisdiction is MA so you must be present for court hearings here" would fly but she's reviewing all the docs I signed and that I were given and will get back to me with her thoughts in a couple days or so. I'm not going to pay up until I've exhausted my current options (asking more lawyers).

TheOldestYoungMan

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Re: Former employer billing me per tuition assistance
« Reply #101 on: January 21, 2016, 09:47:37 AM »
Back when I worked for a demolitions contractor someone tried to pay me $5,000 to tear down a building that was in their way.

I replied "Naw, you'd have to pay me way more than $5,000 to burn a bridge."

As far as right or wrong goes, you are obligated to pay back this money.  Every company I've ever worked for had a tuition reimbursement program that included language like "if your employment ends for any reason within (time period) you will be obligated to pay the company x% of this reimbursement."

Some of them included additional explanatory material that this would be the case even if you were fired or laid off.

You're assuming that if you had stayed until June they wouldn't have sent a similar letter, and you're probably wrong about that.

I wouldn't blame you for ignoring the letter and not paying, but if you sued them, or if they sued you, I'd rule in their favor.  It isn't a polite thing to do, but their payment of the tuition was due to their and your honest belief that they had a vested interest in your long-term development, and that the company would benefit from that investment.  The agreement you made with them was that if that turned out not to be the case, you would cover their investment.

You agreed to use their money in exchange for covering all of their risk.  They've called in the marker, and the right thing to do is pay.

Even if it isn't the right thing to do, once you involve an attorney they are none of them going to think well towards you.

I would never work with anyone who had sued me ever again.  Ever.

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Re: Former employer billing me per tuition assistance
« Reply #102 on: January 21, 2016, 10:10:48 AM »
Every company I've ever worked for had a tuition reimbursement program that included language like "if your employment ends for any reason within (time period) you will be obligated to pay the company x% of this reimbursement."

Some of them included additional explanatory material that this would be the case even if you were fired or laid off.

You're assuming that if you had stayed until June they wouldn't have sent a similar letter, and you're probably wrong about that.


Wow- your companies are harsh. Everywhere I've worked you only have to repay if you left on your own accord or were terminated with cause (fired, not laid off).  So a layoff means you in the clear- the company decided getting rid of you was more in their favor than keeping you and the knowledge you gained with their monetary investment in your schooling.  So, if the statement he signed is anything like the ones I've signed in the past, staying until June he wouldn't have gotten that letter.

I agree with you though: this is a major bridge to burn. And the amount of money it's over is just not that much at all.

Dicey

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Re: Former employer billing me per tuition assistance
« Reply #103 on: January 21, 2016, 11:03:53 AM »
I'm starting to think that this is just a sunk cost. You got value from the course that could be helpful to you in the future. I'd repay it, but as slowly as possible. Unless I missed it, I have not seen any discussion that you had to pay it back within "X" amount of time. If that's the case, plead hardship (even if it's only mental) and pay it back as slowly as possible. Let that be your revenge and move along with your life. The awesome thing about being a Mustachian is that while the payback may hurt, it most certainly will not break you.

Jakejake

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Re: Former employer billing me per tuition assistance
« Reply #104 on: January 21, 2016, 11:20:46 AM »
I wouldn't blame you for ignoring the letter and not paying, but if you sued them, or if they sued you, I'd rule in their favor.  It isn't a polite thing to do, but their payment of the tuition was due to their and your honest belief that they had a vested interest in your long-term development, and that the company would benefit from that investment.  The agreement you made with them was that if that turned out not to be the case, you would cover their investment.

You agreed to use their money in exchange for covering all of their risk.  They've called in the marker, and the right thing to do is pay.

Even if it isn't the right thing to do, once you involve an attorney they are none of them going to think well towards you.

I would never work with anyone who had sued me ever again.  Ever.
I agree with all of this. You're damaging your reputation in the business world by making what I would consider an unreasonable demand, and I'm saying that as someone who has had to pay back tuition in the past. I also think you're setting yourself up to take an ugly hit to your credit rating if there's a judgment against you or this goes into collections, as well as eventually having to pay out way more than the initial amount you owe. This could end up affecting your ability to rent an apartment or costing you a future job opportunity if the employer runs a credit check.

I sued someone in the past, successfully, and the events leading up to it pissed me off so much that I went out of my way to add on extra costs to what they had to reimburse me for. Their idiocy meant instead of paying the original $1000 or so that they owed, they had to pay about double that. If I had a chance to serve them through registered mail vs. a sheriff's deputy for example, I went with the deputy purely because it cost more - so I could stick them with the bill for that too.

That person was, incidentally, a no show in court. That didn't mean the case was dismissed - it just annoyed the judge. Like at one point, he said a thing I was claiming wasn't something he was supposed to award, but since they weren't there to defend themselves he was going to award it anyway. That was about a $500 item.

Even after the judgment, the guy didn't pay me for almost a year. I thought it was a loss. But then he got divorced and he lost his house in the divorce, and he wasn't able to rent an apartment - because of my outstanding judgment against him. That's when he called asking if he could pay it off in cash. I made sure to make that as inconvenient for him as possible. :)


BlueHouse

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Re: Former employer billing me per tuition assistance
« Reply #105 on: January 26, 2016, 04:49:15 AM »
In my experience, advance notice RIFs are typically given to cause more attrition and reduce the cost of laying more people off in the future. In those instances where companies really need key employees to stay through that period, they often offer monetary incentives such as "if you stay through June, then IF we lay you off, you'll get a bigger severance package than the people being laid off now.
Curious if there was an offer like that? 
Still, I think if it were me I'd just quietly go about my business and forget to pay it back. See if they'll come after you and how hard. Is the company in a business where they already work with collection agencies?  If not, it will be other employees who will have to call you outside of normal job duties, and I can just about promise that no one wants to do that so they'll do a crappy job of it if at all.

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #106 on: January 26, 2016, 08:59:52 AM »
In my experience, advance notice RIFs are typically given to cause more attrition and reduce the cost of laying more people off in the future. In those instances where companies really need key employees to stay through that period, they often offer monetary incentives such as "if you stay through June, then IF we lay you off, you'll get a bigger severance package than the people being laid off now.
Curious if there was an offer like that? 
Still, I think if it were me I'd just quietly go about my business and forget to pay it back. See if they'll come after you and how hard. Is the company in a business where they already work with collection agencies?  If not, it will be other employees who will have to call you outside of normal job duties, and I can just about promise that no one wants to do that so they'll do a crappy job of it if at all.

This is pretty much *exactly* what the terms were - there was a bonus incentive + severance if we stayed through June but if we decided to "voluntarily" leave earlier, then we would forfeit it.

Interesting take on just "forgetting to pay it back" haha... although, I wonder if they have me in their sights now that I've emailed back and forth with them several times. I *think* the company may have an internal collection department, because on the letter it states the company's name and "Credit & Collections Dept" along with an address that shows the company's name on Google maps.

I dunno, if they were already petty enough to come hard after me with the initial notification, it just doesn't seem like they're going to give up. They even Fedex-overnighted the material to me. And it seems like if they have a dedicated Credit and Collections Dept, this *would* be within their normal job duties.
« Last Edit: January 26, 2016, 09:22:48 AM by jplee3 »

nobody123

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Re: Former employer billing me per tuition assistance
« Reply #107 on: January 26, 2016, 11:12:39 AM »
Just pay it.  You owe the money, they denied your request to forgive it, so move on.  Every employer pulls a credit report nowadays, do you really want a bad mark on your credit report related to an old employer?  That would be a giant red flag to me if I was interviewing you.

JoJo

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Re: Former employer billing me per tuition assistance
« Reply #108 on: January 26, 2016, 12:28:23 PM »
I'd just pay it.  Going to collections means they can add on all kinds of fees and impacts your credit score.  It's a shame you didn't ask for a sign-on bonus from the new job to cover this but it sounds to late for that.

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #109 on: January 26, 2016, 12:35:19 PM »
I'd just pay it.  Going to collections means they can add on all kinds of fees and impacts your credit score.  It's a shame you didn't ask for a sign-on bonus from the new job to cover this but it sounds to late for that.

I actually did and got one that can technically cover tuition assistance. But when I asked for the sign-on bonus, it was to account for the retention bonus I'd be losing by leaving early (even though it's a fraction of that retention bonus). I'm not sure they would have given me any more of a bonus in that case. So I suppose I could just 'count my losses' and consider the sign-on bonus I got as covering the tuition assistance instead.
« Last Edit: January 26, 2016, 12:41:36 PM by jplee3 »

FIREby35

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Re: Former employer billing me per tuition assistance
« Reply #110 on: January 26, 2016, 10:03:48 PM »
Again a lawyer but not your lawyer - the defense lawyers are kind of interesting with their "solid claim" stuff. It's law school 101 that when you have the money you have the leverage. They have to take some sort of action to get the money, not the other way around. There is no reason for you to pay them until you absolutely have to. I'd stick to your guns, tell them your position is that they fired you and see what they do. I see no reason to pay until you are served with a law suit.

So, back to the whole idea of a "solid claim," it is funny because it implies you should pay without considering whether the company is actually likely to pursue you to a court. It elevates theoretical over practical. Defense attorneys think like that because they are always involved in a actual case. From the Plaintiff side, I pass on all kinds of cases with solid legal basis but that are not worth the time and effort.

Hold your money and make'm sue you :)


FIREby35

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Re: Former employer billing me per tuition assistance
« Reply #111 on: January 27, 2016, 07:10:54 AM »
I'm in court a lot, and I've never seen a similar lawsuit. Companies always put unenforceable terms in their contracts. Plus. OP has an actual defense.

JAYSLOL

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Re: Former employer billing me per tuition assistance
« Reply #112 on: January 27, 2016, 08:36:53 AM »
I'm in court a lot, and I've never seen a similar lawsuit. Companies always put unenforceable terms in their contracts. Plus. OP has an actual defense.

I strongly disagree OP has an actual defense (also a lawyer FWIW) but admittedly it's not my area of expertise. I'm unconvinced that just because you haven't seen a similar lawsuit doesn't mean companies aren't winning at the pre-trial stage. In any case, given that the OP got a sign-on bonus from the new company that covers the tuition, and is thus not out of pocket a cent (I don't think the retention bonus is something he's "out" - you get a retention bonus if you stick around, that's the point of it, to incentivize not quitting in december and waiting til June - he quit in December so didn't earn the retention bonus) I'm still really confused why so many people are advising him to fight.

My 2 cents.  The company CHOSE to ignore their own terms of the agreement by giving termination notice within a year of OPs schooling, and the OP never would have been looking for new job otherwise.  Is it the OPs fault that he found a company that wants him right away? 

The main point is that they chose to terminate his contract within a year.  There is an old saying - Once the water is over your head, it doesn't matter how deep it goes.  So what does it matter when he leaves now that they broke the contract and he was already going to be out on his ass before the year was up?

That said, it may still uphold in court on the side of the company, because reasons.  See disclaimer below.

I think it would be very fair for the company and OP to agree to split the cost 50/50 as they both made decisions that lead to this situation.

(disclaimer: I have a complete lack of legal education or experience)

I'm a red panda

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Re: Former employer billing me per tuition assistance
« Reply #113 on: January 27, 2016, 09:08:04 AM »
Quote
The company CHOSE to ignore their own terms of the agreement by giving termination notice within a year of OPs schooling, and the OP never would have been looking for new job otherwise.  Is it the OPs fault that he found a company that wants him right away? 

A company giving advanced notice of a layoff is generally considered a benefit to the employee- they aren't caught off guard and can instead start looking for a job in their own timeframe, hopefully with the ability to find one before their paycheck disappears.

If the company had terminated (without cause)- then he (likely, I guess it depends on the agreement, mine all state this) wouldn't have to pay it back.  But the company didn't terminate him. They said they would be  terminating him later in the year.  It was the OP who decided the benefit of having a new job outweighed the cost of the payback by leaving early.  (Or actually he didn't, but he should have considered this.)

LeRainDrop

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Re: Former employer billing me per tuition assistance
« Reply #114 on: January 27, 2016, 09:46:19 AM »
I'm in court a lot, and I've never seen a similar lawsuit. Companies always put unenforceable terms in their contracts. Plus. OP has an actual defense.

I strongly disagree OP has an actual defense (also a lawyer FWIW) but admittedly it's not my area of expertise. I'm unconvinced that just because you haven't seen a similar lawsuit doesn't mean companies aren't winning at the pre-trial stage. In any case, given that the OP got a sign-on bonus from the new company that covers the tuition, and is thus not out of pocket a cent (I don't think the retention bonus is something he's "out" - you get a retention bonus if you stick around, that's the point of it, to incentivize not quitting in december and waiting til June - he quit in December so didn't earn the retention bonus) I'm still really confused why so many people are advising him to fight.

FIREby35, are you in magistrate/small claims court a lot?  Because that's where this dollar value case could land.  Also, it would go through collections beforehand.  I'd be surprised if many of these were not resolved (by payment) before they even got to court -- most people probably wise up before then that they are not going to win.  In addition, as you should know, most summary judgment motions do not get oral argument, so you wouldn't even see these folks in a courtroom -- it's just decided on the papers.

OP has to weigh what this fight is worth to him personally.  IF the company pursues the claim and takes a hard line approach, they will win in court.  The clause is not unenforceable -- this is extremely standard stuff in corporate agreements, and there is very strong presumption in favor of enforcing an unambiguous contract.  Courts routinely enforce these clauses.  If OP gets an attorney who does not warn him of the likelihood that the contract will be enforced and that he will end up paying, that attorney is bordering on malpractice.

For OP, I am glad he tried to fight it, appeal to empathy, and negotiate because his former employer is being a jerk, but in the end, if the company will not budge, they are "right" in the legal sense.  If OP honestly could not afford to pay back the former employer, it would create real hardship for him, or he absolutely would need to pay over an extended time period, then it may make more sense to drag it out.  But under circumstances where the money is not going to break his bank, and he strongly wants to just be done with that company, I personally think it is better to pay back, cut your losses, and move on, rather than dwell within the discordant relationship.  It can be very emotionally draining to put up a fight, so if the cost is not too bad, then just get out of it because he's on the losing side anyway.
« Last Edit: January 27, 2016, 10:24:31 AM by LeRainDrop »

BlueHouse

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Re: Former employer billing me per tuition assistance
« Reply #115 on: January 29, 2016, 05:03:59 PM »
Again a lawyer but not your lawyer - the defense lawyers are kind of interesting with their "solid claim" stuff. It's law school 101 that when you have the money you have the leverage. They have to take some sort of action to get the money, not the other way around. There is no reason for you to pay them until you absolutely have to. I'd stick to your guns, tell them your position is that they fired you and see what they do. I see no reason to pay until you are served with a law suit.

So, back to the whole idea of a "solid claim," it is funny because it implies you should pay without considering whether the company is actually likely to pursue you to a court. It elevates theoretical over practical. Defense attorneys think like that because they are always involved in a actual case. From the Plaintiff side, I pass on all kinds of cases with solid legal basis but that are not worth the time and effort.

Hold your money and make'm sue you :)
Not only am I not a lawyer, I'm often wrong about a lot of things.  Still, I kind of agree with this just because I think it was pretty crappy to go after you for reimbursement.  Here's the thing:  If they were so positive that they are 100% in the right to require reimbursement, then why didn't they just take it out of your last paycheck?   I think the law is quite clear that employers cannot withhold paychecks, so maybe it's less clear on what you owe them.  And if that's the case, then let em come for you.  Or, if you just want to get it done and over with, after about a month of back and forth, I would make them an offer of a reduced amount and offer to pay the entire reduced amount THAT DAY, if they accept your terms. 

LeRainDrop

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Re: Former employer billing me per tuition assistance
« Reply #116 on: January 29, 2016, 05:14:50 PM »
Here's the thing:  If they were so positive that they are 100% in the right to require reimbursement, then why didn't they just take it out of your last paycheck?   I think the law is quite clear that employers cannot withhold paychecks, so maybe it's less clear on what you owe them.

Why didn't they take it out of his last paycheck?  Because withholding earned wages is illegal.  Even if the circumstances were such that everyone agrees that the employee owes the reimbursement, the employer still could not have legally withheld it from the paycheck.

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #117 on: January 29, 2016, 05:28:20 PM »
Thanks all for the feedback. This is the response I received from my lawyer-friend who does have experience in employment law (more-or-less, I think her conclusion is bent towards *not* prevailing):

"I've reviewed all the documents you provided.  It ticks me off that these companies can require you to sign these Key Employee Agreements - they're all contracts of adhesion ("take it or leave it" - no changes) and would most likely not be valid if a CA court were to review it.  Unfortunately, whether a CA court would be able to review it is also a big question, since they have written MA as the choice of venue as well as choice of law.  On top of that, the matter would go to arbitration (which again, would most likely not be upheld if it were tried in CA). 

[filler here for a suggestion that my friend made that I don't want to publicize in case my former company somehow found this thread and is following it...talk about paranoia]. You could also request a payment plan and see if they're willing to accept.  Then I would follow up my conversation in a confirmation email to whomever you spoke with.

The principle is that they shouldn't be asking for their money back after they've given you an advance termination notice (which is in poor taste, but the fact that they made you and all their key employees sign such a one-sided agreement infuriates me).  However, you'll have to weigh that and the fight of not paying the money against the peace of mind you'll have by not having to worry about this, and see which comes out on top."

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #118 on: February 04, 2016, 10:20:31 AM »
Just a practical question here - part of the letter says "If XXX has not received reimbursement by Feb 10, 2016, this matter will be referred to our Credit & Collections Dept for further follow up" - does this mean that on that date or past, if they don't have the payment, my credit score/etc will be impacted negatively? Or does that just mean it has gone to that dept and they will follow-up with me further? I've been trying to get a hold of someone from that dept to speak with directly before I send any payment but I keep getting their voicemails and no returned calls upon leaving VMs. This company is really pissing me off.

Rubic

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Re: Former employer billing me per tuition assistance
« Reply #119 on: February 04, 2016, 01:49:41 PM »
Just a practical question here - part of the letter says "If XXX has not received reimbursement by Feb 10, 2016, this matter will be referred to our Credit & Collections Dept for further follow up" - does this mean that on that date or past, if they don't have the payment, my credit score/etc will be impacted negatively? Or does that just mean it has gone to that dept and they will follow-up with me further? I've been trying to get a hold of someone from that dept to speak with directly before I send any payment but I keep getting their voicemails and no returned calls upon leaving VMs. This company is really pissing me off.

You need to immediately respond to them with a written letter that you have been attempting to contact them to settle this matter.  Document your attempts to contact them via phone.  Make a copy of the letter before you mail it out.

You do not want this matter to go to a collections department.



jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #120 on: February 04, 2016, 01:56:22 PM »
Just a practical question here - part of the letter says "If XXX has not received reimbursement by Feb 10, 2016, this matter will be referred to our Credit & Collections Dept for further follow up" - does this mean that on that date or past, if they don't have the payment, my credit score/etc will be impacted negatively? Or does that just mean it has gone to that dept and they will follow-up with me further? I've been trying to get a hold of someone from that dept to speak with directly before I send any payment but I keep getting their voicemails and no returned calls upon leaving VMs. This company is really pissing me off.

You need to immediately respond to them with a written letter that you have been attempting to contact them to settle this matter.  Document your attempts to contact them via phone.  Make a copy of the letter before you mail it out.

You do not want this matter to go to a collections department.

As a last resort, I was trying to get a hold of someone in that dept on the phone to appeal to them for a reduced amount but I doubt this will happen considering I've called three times and left VMs all three times with no response in over 24 hours (which is the time frame they say they will respond). I'd imagine they've probably been told to ignore any correspondence from me, or are doing it on their own volition.  At this rate, I think I'll go ahead with sending out the [full] payment. I've lost total respect for the company. As far as burning bridges is concerned, they've done more than their bidding.

BTW: as a side note, someone I told this about had the novel idea of me posting on "gofundme" to help with things lol. Sounds like an interesting idea, but I wonder if the company's legal team would also come after me for doing something like that...
« Last Edit: February 04, 2016, 02:06:29 PM by jplee3 »

SKL-HOU

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Re: Former employer billing me per tuition assistance
« Reply #121 on: February 04, 2016, 03:32:09 PM »
Why would you set up a gofundme account for something that you personally owe? It benefited you and it doesn't sound like you don't have the money to pay it off. I'd find that in extreme poor taste. I find gofundme accounts with a few exceptions (health related) very selfish. You don't want to pay for this money you owe so you will ask your friends and family to pay it for you?

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #122 on: February 04, 2016, 03:41:07 PM »
Why would you set up a gofundme account for something that you personally owe? It benefited you and it doesn't sound like you don't have the money to pay it off. I'd find that in extreme poor taste. I find gofundme accounts with a few exceptions (health related) very selfish. You don't want to pay for this money you owe so you will ask your friends and family to pay it for you?

It was just a suggestion someone made. Yea, looking around at most of the gofundmes, the situations are pretty extreme. I think he might have been making the suggestion half-heartedly/jokingly. I don't think I'll be doing that... on that note, I just dropped off the payment at the post office.

TheOldestYoungMan

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Re: Former employer billing me per tuition assistance
« Reply #123 on: February 04, 2016, 03:48:41 PM »
Why would you set up a gofundme account for something that you personally owe? It benefited you and it doesn't sound like you don't have the money to pay it off. I'd find that in extreme poor taste. I find gofundme accounts with a few exceptions (health related) very selfish. You don't want to pay for this money you owe so you will ask your friends and family to pay it for you?

It was just a suggestion someone made. Yea, looking around at most of the gofundmes, the situations are pretty extreme. I think he might have been making the suggestion half-heartedly/jokingly. I don't think I'll be doing that... on that note, I just dropped off the payment at the post office.

Good for you.  There is a simplicity in taking the honest path.

SKL-HOU

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Re: Former employer billing me per tuition assistance
« Reply #124 on: February 04, 2016, 03:50:47 PM »
I think you did the right thing and I hope it comes back to you as good karma (in the form of cash) :)

Dicey

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Re: Former employer billing me per tuition assistance
« Reply #125 on: February 04, 2016, 04:20:27 PM »
Onward and upward...

MrFrugalChicago

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Re: Former employer billing me per tuition assistance
« Reply #126 on: February 04, 2016, 05:47:31 PM »
For what it's worth, I had the same thing happen for me for tuition payback (except no firing was coming). My argument was that my manager at the timer told me I needed an advanced degree, so my college cost was a required business expense and not subject to the payback program. Company didn't want to argue so they sold it to collections. Collections put it on my credit report. I contested and told them my grounds, and that I would defend myself in court.  Credit restrored, not a peep from collections agency.

jeromedawg

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Re: Former employer billing me per tuition assistance
« Reply #127 on: February 04, 2016, 06:02:00 PM »
For what it's worth, I had the same thing happen for me for tuition payback (except no firing was coming). My argument was that my manager at the timer told me I needed an advanced degree, so my college cost was a required business expense and not subject to the payback program. Company didn't want to argue so they sold it to collections. Collections put it on my credit report. I contested and told them my grounds, and that I would defend myself in court.  Credit restrored, not a peep from collections agency.

Wow, thanks for sharing. Was your company a big one or smaller? And did they sell it to an external collection agency? My company was playing hardball with not responding to any of my recent correspondence. They also have an internal collection agency (and legal dept) whose full-time jobs are probably dealing with these sorts of issues.

 

Wow, a phone plan for fifteen bucks!