**Law Advice needed also a Lawyer Recommendation**

[Siegel1719]

Ok I work for a local Union Beverage Production Company. Last Friday I put in my two weeks notice as I was changing employers and going into a different production field. I was hired by my current company with very little experience and was told in my interview that as a condition of my employment I would be required to go to school. I was then given a list of classes I was required to take. Even though my company is Union they disbanded their Apprenticeship program before I started so I was never under an apprenticeship and would never receive my Department of labor Journeyman Card.

Our current contract states under Article XX Number 73, Part D

"You must continue to remain an active full time employee in good standing for at least 2 years following the completion of your apprenticeship. Should an employee leave voluntarily or be discharged excluding layoffs or medical leaves of absence prior to the 2 year period, the employee will be responsible in repaying (Company Name) for all educational allowances.

Today I received a statement from our Human Resources Specialist stating that I would be required to repay the company the full cost of my tuition reimbursement because and I quote "you did not complete a full two years of work upon completion of courses. Then it went on to quote the same exact Article, Number and Part however they left the first sentence out and just stated

"Should an employee leave voluntarily or be discharged excluding layoffs or medical leaves of absence prior to the 2 year period, the employee will be responsible in repaying (Company Name) for all educational allowances.


They removed the complete first sentence of said part about being in a apprenticeship.


Do I have a case? Can someone recommend a lawyer who can review these two documents and give me there opinion. I'm hoping I can just get a legal cease and desist letter and not cost me an arm and a leg as I have a wedding to pay for in 3 months.


Thanks
Jeremy

 

[wikdsvt]

Call Joni.




Fixel and Nyeholt PLLC
4084 Okemos Rd Ste B
Okemos, MI 48864-3258

Main: (517) 332-3390
[email protected]


Don't worry, she handles employment cases ONLY for employees, not employers, and all throughout the state.

 

[mustangmike6996]

I know that most places will charge for tuition reimbursement if you leave before a set time (usually 1-3 years after the last date of class) Seeing as they "required" you to obtain further education, I think you have a great case there, let alone the disbandment of the apprenticeship prior to employment. Do you have the original copies of the contract you signed? Can you obtain the originals from HR (the ones with your signature)

 

[99Electriccobra]

What's the $$ amount (I don't need to know, just sayin')? is it worth the employer's time to go after it, probably not.......

 

[rdy2rac]

did you use the tuition and attend school?

 

[POPPAJ]

What is the dispute resolution, grievance procedure, under the contract? Just what do you think hiring your own attorney will do? Talk to your union yet? How much $ are we talking about?

 

[Falcon64]

They will probably doc your last paycheck then from their its a civil matter and depending on how much it is i doubt they will come after you

 

[Siegel1719]

Update: Spoke with wikdsvt's recommendation Joni and she is looking into the issue. Have also contacted my union and we are starting a Grievance for this issue so everything should be taken care of. Thanks everyone for your recommendations.

BTW the amount they are claming is $9200 however I added up my tuition and text book receipts and am only coming up with $7500ish so don't know how they came up with that number.