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Liability for Termination of Scholarship Contract

 
 
Reply Fri 16 Sep, 2005 02:22 pm
I am an BS Electronics Engineering graduate and I was granted a scholarship by a electronics company in my 3rd year of college. I have availed of it until i graduate.

This "scholarship" involves a written agreement (between me, the company and since i was a minor then, they had required my father's signature). This agreement includes that after college, I should undergo training then work for the company or pay for the scholarship if i dont work for them.

After graduation, as part of the requirement for the training, we underwent physical examinations under an affiliate industrial medical center of the company. After my 1st medical exam, the center and the company told me to have a retake xray exam. And to cut the story short, the results came out that i have a lung problem specifically Minimal PTB (i suppose it is pulmonary tubercolosis).

With such results, the medical center advised me to no longer pursue the pre-employment training. I asked for a second opinion for a respiratory specialist and I am currently under 6 months treatment and she advise that knowing the nature of my work as Electronic engineer, it will be hazardous for me to work in plants/factories anymore.

Now the problem is, the company is now making demands for me to appear before them and have another assessment by the company physician. This is merely a speculation but with such actions, they are forcing me to work for them or they want me to pay for the scholarship.

Initially, i denied their demand to have an assessment under their company physician for 3 main reasons. First, the xray results interpreted by the Radiologist of the medical center is with them and i believe enough proof for my condition. Secondly, my doctor has advised me not to make unnecessary travels (the company would be a 4 hours ride without traffic). And lastly, I have no assurance that the findings of the company doctor will not be in favor of the company he/she is working for.

What should I do? Whose findings should prevail? Knowing my condition, I do not wish to endanger myself with work. But it seems that they are not taking my physical incapability as a valid reason to decline the employment but rather either force me to work with them or pay the scholarship. Should I be liable for being sick? They are threatening me that they will do necessary actions if I dont undergo assessment with their company doctor. But is it fair that they should the one to determine it? Is it a crime to get sick nowadays?c",)

Is termination of scholarship due to health reasons not valid? or is there even such thing as a scholarship contract? Should it not be that scholarship grants should be given because of merit and are acts of charity? Are there any legal issues involved? Should I be liable?

Thank you and I badly need advise. Sad
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Type: Discussion • Score: 1 • Views: 1,726 • Replies: 15
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cicerone imposter
 
  1  
Reply Sun 18 Sep, 2005 02:04 pm
It seems all you need to do is have a physcial exam done by an independent physician/clinic, and have them write up the results. If it contradicts the company's report, you can take it to court and win your case. Otherwise, you still have an obligation to meet the requirements of the scholarship.
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steelheart38
 
  1  
Reply Sun 18 Sep, 2005 09:32 pm
how would you define an independent physician/clinic? if i make the necessary arrangements then would it not be called independent already?

the results of both the specialist i consulted and the company's affiliate medical center (the company itself does not have the necessary equipment capable of performing xray examiniation) matches and says that i am not fit to work. but the company is insisting of performing yet another assessment (i assume it will only be solely perform by the physician, no equipment involved).

should the burden of prooving that validity of the termination of the scholarship be on my end?
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cicerone imposter
 
  1  
Reply Mon 19 Sep, 2005 09:19 am
"Independent" means non-company related. It falls on your end, because you are the defendant.
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AliceInWonderland
 
  1  
Reply Wed 21 Sep, 2005 03:13 pm
It makes sense that they shouldn't be able to force you to work for them, given your health constraints. But, do you really think it's fair to refuse to pay them back? They aren't breaking the contract - you are. I realize it's for health reasons, but, unless there was stipulation in the contract that made exceptions for health reasons, you may still be liable for that money they spent.
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steelheart38
 
  1  
Reply Thu 22 Sep, 2005 01:16 am
i do not only refuse to pay them back but i dont have anything to pay them back at all. (except for the employment which is now not an option)

the main reason why i took the scholarship is because i dont have any financial source, nor does my family. And knowing my condition, i will not be able to engage in employment. So how do they expect me to pay them back such amount?

there was a stipulation in the contract, regarding incapability but it in general (no specific details).

thanks for the reply. hope to hear more comments
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cicerone imposter
 
  1  
Reply Thu 22 Sep, 2005 10:10 am
steelheart, It seems to an outsider that ethics is lacking.
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steelheart38
 
  1  
Reply Thu 22 Sep, 2005 10:22 am
thank you for your comment.

but getting sick is not a malicious act, isn't it?

if it would not have been for that then i would have complied.
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cicerone imposter
 
  1  
Reply Thu 22 Sep, 2005 10:25 am
Getting sick is no excuse for not refunding money/scholarship received when not meeting it's condiitions for it.
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cicerone imposter
 
  1  
Reply Thu 22 Sep, 2005 10:27 am
BTW, "getting sick is not a malicious act." We just have different perspectives of "liability."
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Noddy24
 
  1  
Reply Thu 22 Sep, 2005 02:07 pm
Steelheart--

Speculation will get you nowhere.

Call them, make an appointment (perhaps you could swing a meeting halfway between their office and your home) and find out what is going on.

Illness will either exempt you--or it won't.

The fact that they want medical confirmation indicates to me that they may allow you a medical excuse because of your illness.
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steelheart38
 
  1  
Reply Thu 22 Sep, 2005 08:44 pm
if our perspective differs, how does the law see it?
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steelheart38
 
  1  
Reply Thu 22 Sep, 2005 08:49 pm
yeah, thanks for the comment

i have made contact with them already, and as this moment they are making their appointments with my doctor and other people involved.

im just expecting the worse case scenario of what if they will not make considerations. thanks
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cicerone imposter
 
  1  
Reply Thu 22 Sep, 2005 09:15 pm
Always ask for "consideration." Nothing to lose, but something to gain.
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steelheart38
 
  1  
Reply Thu 22 Sep, 2005 09:20 pm
yeah thanks, i just hope they consider...c",)
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Noddy24
 
  1  
Reply Thu 22 Sep, 2005 10:52 pm
Quote:
if our perspective differs, how does the law see it?


Before The Law can be applied, the facts have to be established.

The contract may bind you--but the facts may let you off the hook.

Go for the facts.
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