Q: Company refuse to pay education tuition reimbursement thats offered, discrimination race/gender and emotional distress.
A policy was not in place since 2010. I commenced my studies on January 30, 2023, and a new updated policy was released on January 31, 2023. I consulted with the former HR manager, who is no longer employed by the company, and they advised that the policy was undergoing revisions and that I should not encounter any difficulties. The policy was documented on December 23, 2022, but its distribution to the company did not occur until 2023. Presently, there is no HR manager, director, or vice president of HR available to provide me with assistance. In the absence of HR personnel, I have reached out to the CFO and my supply chain vice president, but I have only received a response from a Human Resource system processor indicating that payment will not be made. Consequently, I am now experiencing apprehension of retaliation from my vice president and manager due to my decision to pursue further education, and I feel a sense of job insecurity.
A:
Based on the information you have provided, it seems that you may have potential legal claims against your company under California law. Here are a few key points:
1. Breach of contract: If the company had a policy in place offering tuition reimbursement, and you relied on that policy when enrolling in your studies, the company's refusal to pay could be considered a breach of contract.
2. Discrimination: If you believe that the company's refusal to pay is based on your race or gender, you may have a claim for discrimination under the California Fair Employment and Housing Act (FEHA).
3. Emotional distress: If the company's actions have caused you severe emotional distress, you might be able to seek damages for the infliction of emotional distress.
4. Retaliation: If you face adverse employment actions (such as demotion, discipline, or termination) due to pursuing your legal rights or complaining about discrimination, you may have a claim for retaliation under the FEHA.
It is important to note that employment law cases can be complex, and the specific details of your situation will impact the viability of your claims. I recommend taking the following steps:
1. Document everything: Keep records of all communications, policies, and actions related to your case.
2. Consult with an employment attorney: An experienced employment lawyer can assess your case, advise you on your rights, and help you navigate the legal process.
3. File a complaint with the appropriate agency: Depending on the nature of your claims, you may need to file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) before proceeding with a lawsuit.
Remember that there are time limits for filing claims, so it is essential to act promptly to protect your rights.
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