Tuition Reimbursment Agreements

Hello. I have a question about tuition reimbursement. My last employer's reimbursement application included the following statement:

"I am acquainted with the rules and regulations of the Tuition Reimbursement Program and agree to comply with them. I agree that by accepting reimbursement for courses for a degree program, I am required to pay back the reimbursement if I voluntarily terminate my employment or am terminated for cause within 1 year for Bachelor degree courses."

I resigned after 9 months of receiving the reimbursement because I relocated. The employer has now sent me a document entitled "Form for Repayment of Tuition Monies". The form lists four options for repayment - 1 lump sum, 2 payments, 3 payments or 6 payments. The employer wants me to select a payment option, sign this form that states "I understand that I am obligated to repay the reimbursement and so forth....." and send it back by 02/27/07. And, send the first payment by 03/27/07.

I am more than willing to pay their money back; however, am I obligated to now sign this new form and do I have to select one of these options for repayment? I would have never accepted their reimbursement had I known I only had 6 months to repay and this was not listed on the reimbursement application. These payments are not feasible for me at this time. Please advise.

Thanks

It sounds as though you weren't really "....acquainted with the rules and regulations of the Tuition Reimbursement Program". Why did you sign it if you didn't agree to it? If the terms weren't listed there, I wouldn't have signed it. You are, in effect, agreeing to whatever terms they ask for, if they don't state them clearly first and you go ahead and sign it.
That being said, I cannot imagine your employer not being willing to work with you. The bottom line is money--and they are probably more than willing to work with you if you take the innitative ( don't ignore their requests ) and set up a plan YOU think is "doable" for you. Write to them and say you are unable to comply at this time, but you realize the importance of this obligation. Would they be willing to accept such and such a month starting on a certain date? Don't just say, "I promise I will pay you when I can". State specifics, be gracious, and be clear about your intent to repay. Having the right attitude and expressing a willingness to pay at a specific time in the future may help.

The first thing you should do is find out exactly what you previously agreed to do. Do you have a copy of the rules and regulations of the Tuition Reimbursement Program? What does it state with regard to this issue?

If you previously agreed to sign such a form and to choose one of their repayment programs, then you are obligated to do just that.

If the rules and regulations are silent on the issue and you did not previously agree to do those things, then you are not obligated to sign anything, nor are you obligated to choose one of their repayment programs.

However, if the latter is true, bear in mind that legally speaking, you probably owe 100% of the money immediately. If the company offers you a repayment plan under those circumstances, they are doing you a favor.

In either case, I would do as Grace suggested: Contact your former employer, explain that you want to repay the money, that you cannot afford to do so under the terms that they sent you, and that you'd like to work out a different payment plan. If you get on a reasonable monthly payment schedule of some kind, there is really nothing more to be gained by suing you. Even with a judgment against you, the best your former employer could hope for are reasonable monthly payments. However, they may require you to sign a contract of some sort, and pay interest.