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

[Boston75]

you are correct. i accepted the bonus because i have a huge job in my field and a lot of responsibility, and $40,000 a year is not much for the amount that i do. i did not have any plans to leave at that time.

it was only after things continued to get worse (in my opinion, despite the increased pay) that my mind opened to the idea of working somewhere else.

[jk]

you are correct. i accepted the bonus because i have a huge job in my field and a lot of responsibility, and $40,000 a year is not much for the amount that i do. i did not have any plans to leave at that time.

it was only after things continued to get worse (in my opinion, despite the increased pay) that my mind opened to the idea of working somewhere else.

so was it a bonus to get you to commit to staying for a year or not?

[Boston75]

in my bosses opinion, the bonus was for school.

in my opinion, the bonus was for increased salary.

[cbg]

So, answer my questions please.

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You seem to be trying very hard to avoid answering my questions, which is causing me to rethink my position.

My answer is based on there not having been any discussion about the bonus being tied to your remaining in place for a year prior to your giving notice. If that is not the case then my answer changes.

So, one more time; when was the FIRST time your employer indicated that this was a stay bonus and, if different, when was the FIRST time it was mentioned as one year?

[Boston75]

well, the story gets more confusing

when i first decided to apply to grad school back in february he said he could probably help me.
then i asked about that after i was accepted and he said maybe he could cover a class or two per semester
then maybe a month later he called me and said he could actually pay for the whole thing over a four year commitment (i never accepted this idea, i knew i wouldnt stay that long)
then in may when it came time to discuss my raise i said i wanted an increase to 40,000 which i thought was great, but in discussing with my friend they reminded me about his offer to pay for school
i asked him and he said he cant give me a raise and pay for school, so we left it at that
then back in august my work continued to increase significantly and i asked for another raise by email
so he said he could provide it as an educational bonus for that amount
then, like i said before, we got into the discussion where i said it should not be for school it should be part of my salary and spread over time and he said he had to give it all at once
i said ok, and it was deposited directly to me as a bonus.

[Mr. Knowitall]

I still want to know how it was characterized on his paystub / payroll records.

then, like i said before, we got into the discussion where i said it should not be for school it should be part of my salary and spread over time and he said he had to give it all at once

That statement has me again thinking that this was not characterized as a bonus or as compensation, but was a payment characterized to give some form of tax advantage to the employer.

[jk]

in my bosses opinion, the bonus was for school.

in my opinion, the bonus was for increased salary.

guess what; your opinion doesn't count. It was what the boss proffered the bonus for that matters.


but even worse; since there may be a lack of the meeting of the minds, getting back to good ol' contract law, it may become a voidable contract.

So, now what were the terms the boss put on the payment of this bonus?

[Boston75]

it shows up as a bonus on my paystub

[jk]

well, the story gets more confusing

when i first decided to apply to grad school back in february he said he could probably help me.
then i asked about that after i was accepted and he said maybe he could cover a class or two per semester
then maybe a month later he called me and said he could actually pay for the whole thing over a four year commitment (i never accepted this idea, i knew i wouldnt stay that long)
then in may when it came time to discuss my raise i said i wanted an increase to 40,000 which i thought was great, but in discussing with my friend they reminded me about his offer to pay for school
i asked him and he said he cant give me a raise and pay for school, so we left it at that
then back in august my work continued to increase significantly and i asked for another raise by email
so he said he could provide it as an educational bonus for that amount
then, like i said before, we got into the discussion where i said it should not be for school it should be part of my salary and spread over time and he said he had to give it all at once
i said ok, and it was deposited directly to me as a bonus.

From that it appears it is a payment for school.


now, the problem is (and it actually benefits you), were there any stipulations placed on the bonus to assist in yuor school costs? If not, then it is yours (if you actually are in school).

[cbg]

I don't want to hear about school or his paying for school. I want a Yes or a No to these questions.

At the time that you received the bonus, did the employer say that the bonus was a stay bonus? Yes or No only

At ANY time before you gave notice, did the employer indicate that he expected you to stay a year? Yes or no only