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Inccentive Award repayment Illinois

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  • side
    started a topic Inccentive Award repayment Illinois

    Inccentive Award repayment Illinois

    I worked for an employer for just shy of 2 years as a salaried at-will employee. I was given an award payement for achieving a license within the first 2 years of employment. I received the award in May of 2008. I left the company in August of 2008.

    I received an email from a collections agency recently (Jan 2010) requesting repayment of the incentive award since I was not at the company for a year after receiving it. The amount was for $3k and I do not remember seeing a clause in the application regarding staying for longer than a year.

    Am I obligated to repay this amount, is the length of time in responding somewhat outrageous?

  • DAW
    replied
    The problem with "post any language I have may come across" is that it really does not accomplish anything. Contract law is a function of a lawyer who is expert in IL contract law actually reading every word in every document, including the ones that you might not actually have copies of. Labor law (what this law site is designed for) is not contract law. Labor law is law imposed on the parties by the government, meaning the same for all parties in a similar situation, which is what makes it fairly easy to get a labor law specific answer. But contract law is always a question of a lawyer reading all related documents. And to my knowledge, there are no IL contract law specialists on this website, just people who know labor law.

    http://en.wikipedia.org/wiki/Contract

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  • side
    replied
    I will go through some files I have saved regarding this tonight after work and post any language I have may come across. Thank you for the quick response.

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  • DAW
    replied
    Hard to say. We would need to read any documents that you have signed or that the employer could otherwise claim as a contract. Which obviously we have not. This is sort of like you asking who is going to win the next Super Bowl.

    Send the employer a brief letter (copy the collections agency). Say that you do not think that any money is due, but if they have any actual documents, to send you a copy to review. Send the employer letter via certified mail. Never talk/write to the collections agency again for any reason.

    If the employer has your signature on something, and the document follows state law, and they draw the right judge, then you might owe money. Or not. A letter from a collection agency by itself is nothing. If they have a strong hand, they will send you a copy of their documents, which you will then show to an attorney. If however the next response is from the collection agency, that is a weak hand. Do not respond.

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