Can employer take my final paycheck for tuition repayment without announcing it or discussing it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can employer take my final paycheck for tuition repayment without announcing it or discussing it?
I recently gave 2 weeks notice and had an exit interview with my previous employer’s HR department. I received tuition reimbursement and I am aware they can “recover” monies paid if leave within 12 months of payment. What is fair in recovery? Can they just take my final paycheck for hours worked? I thought they can only attach wages for taxes and child support. There is nothing that says on the forms I signed that says they can keep my final check only that it is recoverable. I think this was not legal for them to do with out any discussions or anything in the final interview.
Asked on March 17, 2012 under Employment Labor Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your employer cannot legally unilaterally withhold any tuition advanced you by it from your final pay check without prior written approval by you. I would speak with the human resources department of your former employer to see what can be done to resolve the issue you are writing about.
If this discussion does not resolve the problem to your satisfaction, your recourse is to consult with a labor attorney and/or make a complaint with your local department of labor.
A fair recovery for you is what you are willing to accept and walk away from the situation you are writing about.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.