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Conference 7.286::digital

Title:The Digital way of working
Moderator:QUARK::LIONELON
Created:Fri Feb 14 1986
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:5321
Total number of notes:139771

1548.0. "What if I leave DEC while taking a DEC-paid course?" by QUARK::MODERATOR () Tue Aug 06 1991 17:36

    The following topic has been contributed by a member of our community
    who wishes to remain anonymous.  If you wish to contact the author by
    mail, please send your message to QUARK::MODERATOR, specifying the
    conference name and note number. Your message will be forwarded with
    your name attached  unless you request otherwise.

				Steve






I have a little problem I would like to get some input on.

The background:

Right now it looks like our group may not be too far from the "axe"; but,
it is not definite and there's a chance the group may be able to avoid the
block and be given a new lease on life.

I am planning on enrolling into a career related course. The course would
be very relevant to the work and direction that my group is taking. My
manager is enthusiastic about this coursework. I would take the course in
the Fall semester. It would be the right thing to do if I am staying in the
group.

However, because I am also concerned about the future of our group and the
almost impossible task of finding an internal job in 1 month if I am given
the package, I am interviewing externally. (Clearly, I would rather stay in
DEC, but, I have heard enough horror stories about not being able to find
internal jobs in a short time that I want to be proactive on this.)
The course I would be taking through DEC would be worthless in the short
term to any such external job.

The problem:

Let's say I am half way into the Fall semester, taking the course, and,
given the sorry state of my group, I accept employment with another company
and leave DEC. (Note: This scenario deals with me choosing to leave DEC of
my own free will, rather than DEC giving me the package.) According to
personnel, DEC could bring legal action against me to collect the course
tuition that they originally reimbursed me for.

It is not my intent to discuss whether it is right or wrong for DEC to do
this. I want to know: can they, will they, and have they done things like
this? If the answer is yes, then I will probably delay taking the course
until the future of my group is assured, if ever.

In general terms, my problem is that I am trying to make the best of my
current situation while also contemplating a hopefully better situation.
And I'm not sure which will ultimately happen. So this is causing
difficulties like above.

T.RTitleUserPersonal
Name
DateLines
1548.1SMOOT::ROTHDoing work of 3 people:Larry,Curly&MoeTue Aug 06 1991 19:1213
.0>I am planning on enrolling into a career related course. The course would
.0>be very relevant to the work and direction that my group is taking. My
.0>manager is enthusiastic about this coursework. I would take the course in
.0>the Fall semester. It would be the right thing to do if I am staying in
.0>the group.

Suggest that DEC directly pre-pay the educational institution for the
course. That way if you only do half of the course it is an issue between
DEC and the other folkes- you are left out of the loop.

This probably won't fly since it isn't a 'normal' procedure.

Lee
1548.2Ask your manager if he will waive itBTOVT::AICHER_MTue Aug 06 1991 19:2411
    The Orangebook Section 4.13 says...
    
    
    "When an employee leaves Digital, managers are responsible for    
    indicating on the Termination Information Form if there are any  
    unsettled tuition payments."
    
    Hope this helps....
    
    Mark
    
1548.3Worked for me...SMAUG::GUNNI couldn't possibly commentTue Aug 06 1991 20:2812
    This was along time ago but:
    
    In the early 70's while working for General Electric I started on an
    evening business graduate degree program at Boston University, normally
    a four year program. During the time I was going to B.U., GE
    strategically planned the department where I was working out of
    existence. In looking for a new job, one of my terms and conditions was
    that my new employer would continue paying for my studies. Analog
    Devices, who hired me, agreed to do this. After a year of a job doing
    telephone sales support, Digital recruited me and agreed to the same
    conditions. So my MBA (dreaded word) was paid for by three different
    employers.
1548.4wait.....CSC32::J_KEHRERTue Aug 06 1991 21:419
    
    Hold off on the course, especially since it won't help you
    anyway else (like an MBA would). EDS did and still does require
    reimbursement for training or a 2 year commitme after the
    training is completed.
    
    Good Luck,
    
    Joan
1548.5Anonymous replyQUARK::MODERATORWed Aug 07 1991 14:2528
    The following reply has been contributed by a member of our community,
    not the base note author, who wishes to remain anonymous.  If you wish
    to contact the author by mail, please send your message to
    QUARK::MODERATOR, specifying the conference name and note number. Your
    message will be forwarded with your name attached  unless you request
    otherwise.

				Steve






    If an employee is laid-off and has already been approved and
    received payment for external courses (MBA Program) for Fall
    semester.... 

    o Does this constitute a "contractual" obligation by the company
      that CANNOT be rescinded upon involontary termination 

    o Or will the terminated employee have to withdraw from these course and 
      refund the tuition to DEC or

    o Or will the tuition be deducted from severance payments



1548.6Promissory Estoppel?MUDHWK::LAWLERNot turning 39...Wed Aug 07 1991 14:5721
    
    
      I don't believe it would constitute a contract,  in that 
    	DEC recieves nothing in return for your taking the course.
    
      It would, however seem to constitute a good case for "Promissory
    Estoppel".  I'm not a lawyer,   but under some circumstances,
    if one party makes a promise which induces  another party to
    act detrimentally,  the first party can be legally estopped
    from renegging on the promise.  (In short,  they can be forced
    to perform.)
    
      Before coming to DEC,  I worked summers at a small company 
    which went from 400 people to 40 in about 3 years.  It was
    common practice for them to honor tuition reimbursements 
    layed off employees,  and they weren't known for their
    generosity...
    
    
    						-al
    
1548.7Have things changed?RBW::WICKERTSSR IM&T ConsultantThu Aug 08 1991 02:268
    
    Have things changed since the last time I used Tuition Refund benefit
    but at that time you couldn't get the money up-front. You had to show
    proof of passing the course and the bill after the course was over to
    get the reimbursement.
    
    -Ray
    
1548.8how we do it hereSA1794::CHARBONNDrevenge of the jalapenosThu Aug 15 1991 20:364
    Nowadays the easiest way is to pay yourself, then request a tuition
    advance. Show them the receipt, get your money back, and then 
    turn in your grades to show you've completed the course. They
    then file the paperwork. 
1548.9Education withoout paying up frontAKOPWJ::LANEHe's a cold hearted snake....Mon Sep 30 1991 13:307
If you don't have the money to pay for the course out of you pocket,  you 
don't need to.  Just fill out on Application For Education and Training 
form.  Submit to your manager and personnel.  When it's signed off you 
can have petty cash write a check out to you/the school.  Just endorce
your name on the back and give to the school.

Debbi
1548.10But you'll have to pay it backCSC32::J_ALLENMon Sep 30 1991 18:075
    
    It's my understanding that if you do not finish the class while
    still an employee you will have to pay back digital. This happened
    to someone who was tapped for tfso 2 or 3 here in cxo.