Englewood, CO asked in Employment Law for North Dakota

Q: Is memorandum of understanding for tuition payment between employee/employer legally binding if the employee quits?

My employer paid part of my tuition and had me sign an MOU stating I would pay it back in full if my employment ended within 5 years of completing school. Is that legally binding if I quit or if I’m fired?

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T. Augustus Claus
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Answered

A: In North Dakota, the enforceability of a Memorandum of Understanding (MOU) outlining tuition repayment upon employment termination depends on the specific terms in the agreement and relevant state laws. Generally, contracts like MOUs are binding, but whether repayment remains valid if you quit or are fired hinges on the MOU's language and employment laws.

The circumstances of your termination, whether voluntary or involuntary, may impact the applicability of the repayment clause, and negotiating with your employer could be an option.

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