In late 2009, I signed a tuition assistance agreement with my company. In late 2010, I decided to submit an official inquiry to determine what happened to the request. HR apologized for not informing me of the approval and said I could still file my tuition expenses for the classes taken in late 2009 (under the original approved request). I then e-mailed my manager and asked if I would be required to return the money ($5000) if I did not complete the 1-year of employment outlined in the tuition assistance agreement. My manager, knowing that I would be leaving the company within the next six months, told me that the requirement would be waived and not to worry about it. Now the VP is telling me that his manager did not have the authority to waive the policy and that is why they withheld the $5000 from my final paycheck.
What legal rights do I have? I do not feel it was my responsibility to verify that my Manager had the authority to provide an official response. With that logic, the employee would have to question whether or not the VP has the authority to approve the waiver as well. Any advice would be appreciated!
Answer
You could, of course, sue, but on these facts (in my opinion) you would very
likely lose.
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