Tuition Reimbursement Not Guaranteed for All

Q. My company has a tuition reimbursement program and guidelines stating that employees will be reimbursed for courses that have a direct relationship to their jobs. I submitted a request to take classes that followed these guidelines, but my manager denied it, saying he felt these classes were not necessary. In another department, a manager allowed his employees to take the same classes.

Do I have grounds to take legal action against the company for not following the guidelines and allowing someone else to take the same classes? Or does the company reserve the right to do as it pleases?

--C.B., Los Angeles

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A. By law an employer must reimburse an employee for all expenses reasonably related to employment.

In your case, however, it sounds like the classes you would like to take are optional. Even though the classes had a “direct relationship”’ to your job, the issue is whether or not it is a mandatory expense that you are required to incur.

Apparently, your manager did not feel that it was a necessary expense. Just because the employer reimburses employees of other departments for these classes does not mean that you also are eligible. If, however, the reason for this double standard is based in discrimination or whistle-blower retaliation, it would be improper.

You might be able to claim your employer breached a promise to provide you this type of reimbursement. Your case would be stronger, however, if you had incurred the expense based on your boss’ promises.

Your employer will probably say that the supervisor has the discretion to approve reimbursement for classes on a case-by-case basis. Furthermore, if you persist in your efforts to seek reimbursement, you might damage your future relations within the company. Weigh your desire to take these courses so you can improve your standing with the company against the harm the dispute might cause.

--Don D. Sessions

employee rights attorney

Mission Viejo

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