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Can an Employer Demand You Repay a Bonus Received Before You Give Notice

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  • 10-13-2014, 12:17 PM
    harrylime
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    Quote:

    Quoting Boston75
    View Post
    in my bosses opinion, the bonus was for school.

    in my opinion, the bonus was for increased salary.

    One thing I do know... Remove the term "bonus" from your vocabulary. You asked for a raise. Your employer gave you a lump sum. Period. End of your story.
  • 10-13-2014, 12:35 PM
    jk
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    Why you left your job other than to preserve your life is irrelevant
  • 10-13-2014, 02:11 PM
    cbg
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    This isn't about why you left your job. This is about whether you do or do not have to repay the bonus.
  • 10-13-2014, 02:15 PM
    Boston75
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    i know that. so, what is the final conclusion?
  • 10-13-2014, 02:18 PM
    cbg
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    I continue to believe that you are not obligated to pay it back. I don't know that you've convinced anyone else, but I also have no idea on what legal basis they believe otherwise. Perhaps they can outline what law or legal concept they believe would require it.
  • 10-13-2014, 03:23 PM
    jk
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    Quote:

    Quoting Boston75
    View Post
    i know that. so, what is the final conclusion?


    the final conclusion is that if the employer sues you should you refuse to return the money the judge will tell you if you owe the money or not.

    Otherwise do what you believe is correct.

    cbg:

    I am leaning towards him not being required to return it but because it now sounds like it was a bonus to pay for school rather than a retention bonus. Unless there were some very specific stipulations attached to the bonus given as money for educational purposes, I don't see a requirement to repay it.


    but of course, since the "facts" tended to change as this thread progressed, about all I can say is:

    do what you believe you have a right to do. If the employer wants to push it, then respond to his actions as necessary.
  • 10-13-2014, 03:28 PM
    Boston75
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    thank you all for your time. i will keep you posted on the outcome of this, which i should have by tomorrow.
  • 10-13-2014, 03:55 PM
    cbg
    Re: Can an Employer Demand You Repay a Bonus Received Before You Give Notice
    Remember that regardless of the outcome of the bonus, you MUST be paid for the time you actually worked. There is no possible question about that. You also, in MA, MUST be paid for any earned but unused vacation time (though not for time you would have earned had you stayed there). Because you quit, he owes you that on the next regular payday after your last day of work, NOT the day you leave.

    I am still not seeing any way this would be considered a valid retention bonus.
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