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Retro Policy Change?
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Retro Policy Change?
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My boss asked me to change a policy, which I did - effective January 2011 when I made the change. The change was to make the obligation period two years instead of one year for tuition reimbursement.
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Forums » Topic Forums » Legal Forum » Retro Policy Change?
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Retro Policy Change?
posted at 1/26/2011 7:08 AM EST
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Posts: 12
First: 3/2/2009 Last: 1/27/2011 |
My boss asked me to change a policy, which I did - effective January 2011 when I made the change. The change was to make the obligation period two years instead of one year for tuition reimbursement. He now wants me to go back to last year to anyone that signed a promissory note for one year and make them sign another note stating that they will be obligated to us for two years. I'm pretty sure this is not ethical, and have an idea that it is not legal either? Any advice? |
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Retro Policy Change?
posted at 1/26/2011 7:18 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
It's legal to make them sign, however, you may have a little trouble obtaining a favourable decision from a judge if you have to sue an employee who leaves after one year but before two years and who doesn't repay all the tuition money. |
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Retro Policy Change?
posted at 1/26/2011 7:29 AM EST
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Posts: 12
First: 3/2/2009 Last: 1/27/2011 |
So it is OK to ask a person that signed a one-year note last year to now sign a two-year note? The reason that he wants to do this is because we have an employee that is leaving and he wants this person to pay back the last two years. |
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Retro Policy Change?
posted at 1/26/2011 7:48 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Obviously the one who is leaving now and it is more than one year will not pay it back.
Two years going forward is fine if enforceable. Have legal cousel review. Perhaps your time and money would be better spent understanding why the folks are leaving? Opportunity? Poor supervision, low pay? Solve the turnover problem and this whole issue becomes irrelevant......... |
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Retro Policy Change?
posted at 1/26/2011 9:40 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
You can't force someone who is already leaving to sign any such document. Why would they? You still have to pay them final wages too. For those that aren't leaving, you could try to get them to sign, but absent telling them they are going to lose their job for not signing it and terminating them for it, I don't see any reason why they would do so either. In reality, it just makes the employer look stupid!
You can make the policy going forward, but I don't think any court would enforce it retroactively. Especially if the ex-employee has a prior agreement that states one year. |
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Retro Policy Change?
posted at 1/27/2011 2:15 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
You don't refuse to go along with it, you just make sure your boss knows your opinion about how this won't work, and when he tells you again to do it, just do it. At that point, any backlash will be his fault, not yours. |
Forums » Topic Forums » Legal Forum » Retro Policy Change?
