I resigned from my job in June 2017. In 2016 January, I was paid Education Subsidy and in August 2016, I got a mail that I should draw out a plan to repay the money and that I was not entitled to the money. We (my other colleagues and I) wrote to the Leadership team about the issue explaining why we ought to be entitled to the money as staff of the company and how impossible it will be for us to pay back considering our salaries. Nothing else was said about the money. Now I got my final entitlement letter from my former company requesting that I pay back that money. what right do I have?
Please help. Thanks
Thank you for contacting us regarding your query.
There are 2 issues involved. The first is whether or not as a member of staff of the company, you and others were entitled to the subsidy. This would be dependent on the terms of your contract, the nature of the educational subsidy, the content of the letter you wrote to the management at the time of the initial request for refund, and the response of the management. If the decision taken by the management requesting for the refund is indeed a valid one, then you (and other employees) are obligated to repay the money. Unfortunately we are unable to assist with this point, as we need access to the relevant documentation. We suggest you speak to a lawyer and show them the documents, so you may get better advice.
The second issue is whether your employer can request for it to be returned after you have left the company. If issue 1 is concluded and the management have not requested payment from the other employees, then they cannot request it from you. You cannot be penalised for leaving the employment of the company. As with issue 1, we believe it is best if you speak to a lawyer to advise you.
We hope you have found this information helpful. It is our advice that before you take any steps, you should engage the services of a competent and qualified lawyer. If you have trouble contacting one, you may inform us and we can recommend a lawyer to you.
Please note that the above information is general and should not be taken as legal advice with respect to your personal circumstances. No lawyer-client relationship is created. The foregoing does not do away with the need to engage the services of a lawyer should you wish to get more information, or to take the matter further.
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