Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Mar 2014
    Posts
    2

    Default When Do You Have to Repay Relocation Expenses After Resigning

    My question involves labor and employment law for the state of: South Carolina

    Hopefully a simple question...

    My husband signed a relocation agreement that requires him to pay back half of the relocation costs if he resigns in the 12-24 month range (which he did). Per the agreement the contract states that they WILL collect the funds from his final paycheck and he may be responsible for any additional funds which must be repaid within 30 days. His final paycheck included several weeks of vacation which he had not used, and was nearly enough to cover the amount he owed for repayment, but they did not collect any funds from this check. Additionally, on his last day of employment he signed a form with a list of all the company property he needed to return with no mention of the relocation repayment. Four months after leaving the company they have requested that he repay them.

    My thoughts are that he signed the original agreement and therefore owes the money, but I'm curious if the fact that they did not collect it from his final check voids the contract.

    Thanks for your thoughts in advance.

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Relocation Repayment Timing

    That on its own definitely wouldn't void the contract. Your husband should have it reviewed by an attorney to see if there's any other way for him to weasel his way out of this professional promise he made.

    (You do know that it would be perfectly legal for your husband's former employer to say to anyone who asks, including prospective employers, that "Oh yes, he signed an agreement to repay us a sum of money, then reneged on his promise based on a technicality...on that basis, we would never consider re-hiring him for any job here.")

  3. #3
    Join Date
    Mar 2014
    Posts
    2

    Default Re: Relocation Repayment Timing

    Which is why I'm encouraging him to repay it. Thanks for the advice.

    Further question regarding this issue. He stayed on with the company to finish some projects for them, and delayed starting his new position. In exchange the company drafted an agreement that they would reduce the amount of relocation repayment he owed upon the completion of the project by a specific date. Shortly before the project completion it was put on hold, by the company. After he left the company, the project was resumed and he fielded phone calls from the company on how to complete the project despite having moved on.

    Now, for a legal prospective is he obligated to repay the full amount or the amount that they company had agreed to reduce the repayment to?

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Relocation Repayment Timing

    If the new agreement was signed by both parties, then your husband needs to bring both agreements to an attorney for review. Reviewing contracts in their entirety is beyond the scope of a forum like this. (That's why I started my previous response with "That on its own..." Because who knows what other little teeny weeny technicalities - it could be just a typo! - are lurking elsewhere in the contract?)

    1. Sponsored Links
       

Similar Threads

  1. Resignation: When Do You Have to Repay Relocation Assistance After Quitting a Job
    By flo0 in forum Employment and Labor
    Replies: 6
    Last Post: 01-28-2014, 05:41 PM
  2. Resignation: When Do You Have to Repay a Relocation Bonus After Resigning
    By piratetitan in forum Employment and Labor
    Replies: 5
    Last Post: 12-02-2013, 09:06 AM
  3. Resignation: When Must You Repay Relocation and Professional Expenses
    By alex123john in forum Employment and Labor
    Replies: 3
    Last Post: 06-01-2013, 06:55 PM
  4. Resignation: Resigning and Relocation Package Payback, Not Informed
    By worker in forum Employment and Labor
    Replies: 4
    Last Post: 03-08-2012, 12:13 PM
  5. H Visas: Resigning on H1b and Reimbursement to Employer of Expenses
    By asus.trans05 in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 09-07-2011, 11:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources