Almost two years ago, I accepted an offer from my company to become part of the management team on a new contract. My company relocated me to another state where I now live and work. I signed a relocation agreement which states: "I, the undersigned agree to pay the Company an amount equal to the total of all payments it has paid to me or for me incident to relocating me for employment or transfer on April 30, 2006, by said Company should I for any reasons voluntarily terminate my emplyment within one year (12 months) from the date of my employment or transfer. Should I voluntarily terminate my employment on or after one year (12 months) and prior to two years (24 months) from the date of my employment or transfer, I agree to pay the Company an amount equal to fifty percent (50%) of the total of all payments."
Unfortunately, my whole family hates it here and I'd now like to move. I also have an attactive job offer with another company. Furthermore, my mother is dying of cancer and I'd like to take the new job since I will be closer to her and able to take care of her some if I take the new position.
It is now mid-January so I am just outside of 90 days from the date listed above. However, I really began work here as part of a transition team two months before 30 April 2006.
Is there any way I can avoid paying back 50% of my relocation expenses other than staying here until 30 April? I thought about asking for FMLA but I don't belive I can pursue outside employment if I do that. Do I have any alternatives?