Resignation and Relocation Repayment Agreement in Florida
My question involves labor and employment law for the state of: FLORIDA
When starting work with my employer in Florida almost a year ago I signed a “relocation payback agreement.” This agreement states that Employees are obligated to to repay and the Company will seek reimbursement of all monies spent or incurred for the following benefit if the employee terminates: Relocation - within one year of the date that you start work at the new location.
I have a job offer pending with a new company and wanted to get some clarity around timing my notification and final day of employment with my current employer. My start date for my current position was 5/19/2014 and therefore my obligation to repay relocation expenses terminates 5/19/2015 per the agreement stated above, what would happen if I were to tender a 2-week notice of resignation on 5/5/2015 with effective date of termination of employment 5/19/2015?
My effective date of termination of employment is after the relocation payback agreement expires so therefore I would not be required to reimburse the company for relocation expenses. My concern is though could the company upon receiving my notice of resignation choose to terminate me immediately which would then be before the expiration of the relocation payback agreement? And if the company chose to terminate me immediately because I submitted notice of resignation, am I then obligated to repay the company per my relocation payback agreement stated above.
Re: Resignation and Repayment Agreement in Florida
As soon as you give notice, your employer can let you go on the spot.
If you do, then you can show your contract to a local attorney.
Re: Resignation and Repayment Agreement in Florida
If you want there to be absolutely no possibility of having to make the payback, then do not give notice until 5/20/15. The only thing you get to control is the date on which you give notice. Once you do that, your employer is the one who has control of the last date you work.
Re: Resignation and Repayment Agreement in Florida
Do you have enough vacation time to get you through your proposed last day of work?
Re: Resignation and Repayment Agreement in Florida
Re: Resignation and Repayment Agreement in Florida
Doesn't matter a hoot in Florida. No matter how much vacation time you have, if you give your notice of May 5th there is nothing in any law, Federal or state (in any state, for that matter) from saying that your last day of work is also May 5th.
Florida law does not require that you be paid unused vacation, and even in the states that do there's nothing requiring the employer extend the last day of work to accommodate the unused time.
I've been through this in states that are much more employee friendly than Florida. The only way to guarantee that you won't be held to the relocation agreement is not to give your notice until after it expires.
Re: Resignation and Relocation Repayment Agreement in Florida
I was going to suggest they take vacation until their last day and then submit their resignation when they get back.
Re: Resignation and Relocation Repayment Agreement in Florida
Still risky. Employer would be free to count the last day before vacation as the last day worked.
Re: Resignation and Relocation Repayment Agreement in Florida
Not if the employer doesn't know they're leaving...
I'm saying take vacation THEN submit their letter of resignation, effective immediately when they come back.
Re: Resignation and Relocation Repayment Agreement in Florida
Yes, I understand what you're saying. It still wouldn't guarantee that the employer wouldn't retroactively count the last day worked as the last day of employment. He could do so quite legally under both Federal and Florida law.