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Bonus payback and job termination New Jersey

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  • Bonus payback and job termination New Jersey

    I am planning on terminating my employment at this company in August. My contract with them says that if my employment is terminated on or before my 1 year anniversary I must repay in full the relocation bonus I received. My 1 year anniversary is Aug 6, 2008. I am planning on terminating my employment effective Aug 7, 2008. If I notify my employer 2 weeks before Aug 7, (with the exception that they do not let me go during those 2 weeks) can they say that I terminated my employment before the 1 year date and try to collect the bonus?

  • #2
    Probably not under the exact circumstances you describe, but they could accept your resignation immediately and that would make the situation much more sticky.

    Can you just suck it up for 2 additional weeks? Would be much cleaner.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Honestly, I agree with Patty. I would stick it out until the 8th and then give notice. If you give it early and they accept it early, I suspect the payback provision will come into play.

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      • #4
        Agree, why take the chance with your bonus. I would not give the two weeks notice before Aug. 7 in this case.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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        • #5
          And besides the legal issue, my inner cynic (there are several of us here) is always going to be suspicious when an employee who has a "pay back if employed less than one year" gives notice that ends one day after the end of the year. Bad enough that notice be given one day after the end of the proscribed year. Makes me wonder if the job was taken just so you could move there for free and you never meant to stay. This is why employers don't offer relocation like they used to; they're getting burned left and right.
          Last edited by Pattymd; 06-13-2008, 01:19 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            If the company wanted to make sure they kept his services for more then a year, they could have offered a contract.

            I'm not going to feel bad for somebody when they get the raw end of at-will.

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            • #7
              Originally posted by TheRed View Post
              If the company wanted to make sure they kept his services for more then a year, they could have offered a contract.

              I'm not going to feel bad for somebody when they get the raw end of at-will.
              Who's getting the raw end here? The OP is quitting.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Presumably the employer. That was what your inner cynic was talking about, no?

                I think the timing was more about leaving a job that was no longer suitible for whatever reason and not getting stuck with repayment, as opposed to just trying to score a free move off of an employer. It'd be a sweet piece of serindipity if an employer would pay me to move some place I wanted live.

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                • #9
                  Originally posted by TheRed View Post
                  Presumably the employer. That was what your inner cynic was talking about, no?

                  I think the timing was more about leaving a job that was no longer suitible for whatever reason and not getting stuck with repayment, as opposed to just trying to score a free move off of an employer. It'd be a sweet piece of serindipity if an employer would pay me to move some place I wanted live.

                  That's exactly what my inner cynic was saying.

                  I've been moved by employers three times, with varying degrees of reimbursement. The first, I was laid off after 2 years; the second, job eliminated after 16 months; the third I quit after 28 months. None of them had a repayment agreement.

                  And the OP described this as a "relocation bonus". Wonder if it was a flat dollar amount up front or actual reimbursement of moving costs? Not that it makes any difference to the legal answer, I guess.
                  Last edited by Pattymd; 06-13-2008, 04:51 AM.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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