My position was eliminated, I left for a new job, and now they ask me for payback, can they do this?

Question

I held an IT Programmer analyst position when my former company started to evaluate global sourcing possibilities.

Couple months ago I received a notice that my position is being eliminated and within 60 days I would be re-assigned to a different position which wasn’t known nor guaranteed at that time. They also announced additional waves of layoffs to arrive by the end of year, basically until then I would have some kind of job/position, but after that nobody would guarantee it. So instead of waiting and dealing with the uncertainty and possibility of losing my job or being reassigned to a lower position than the one I held, I looked around, found another job and gave 2 weeks notice to my manager.

One month later I get a bill from my former employer asking to repay my education assistance reimbursements I received in past because I have voluntary terminated my employment.

I technically may have resigned, but not voluntarily. I was forced to leave in away considering the facts above. On the other hand I think that they should be thanking me for leaving under ‘no terms’ and without a severance package, especially with future announced layoffs. I believe that other companies offer their employees buyouts or other incentive packages in similar situations, and yet, I get a bill from my beloved employer for leaving them. That is just not fair, I feel let down by the system.

Can they really do this? Do I have any case here?

Please help. Thanks.

P.S. I live in the state of Ohio.

Answer 1

I don't know, but I would call the Finanacial Assistance Office of the school you're going to.  I think they would know the ins and outs of a situation like this.

Answer 2

I agree with Sherry.  You had no guarantee they were going to get rid of you or demote you.  I would view your departure as voluntary since you were the one who ended the employment relationship first.  And there is no law requiring your employer to provide severance to the employees that they do lay off.

Answer 3

They were eliminating your position; however, they were still keeping you on, just a different position.  You had no guarantee that you would be laid off either.  If they paid for your education reimbursements you probably signed an agreement of some kind saying that if you left within a certain period of time you would be required to repay the money for school.  You need to make a request to see your personnel file, some states even when you leave will let you view it.  Remember you were not laid off, you found another job on your own even though you still had your job.  You were not forced to leave, and the SYSTEM did not let you down.  They can make you repay and may take you to court to get their money.  As for severance package, they don't owe you any, you left on your own.  Sorry!

Answer 4

The more documentation you have the better.  If there were moving you to another position though and not letting you go then they can do this.  I would consult a lawyer based on all the information and documentation you have to see if you have a good case.  If the layoffs at the end of the year are documented you will have a strong case, if it was word of mouth you will have a much weaker case.