Here's essentially what the agreement says:
Company finds it necessary to relo employee to a particular company office, and employee desires to relo that office.
For good and valuable consideration, incl the relo of the undersigned individual for the purposed of continued employment, co and employee agree as follows:
- co will reimburse employee in amount equal to move employee and his fam to [city] as describes in Co's relo policy.
- the full amount of reimbursed relo will be forgiven by the co in its entirety if the emp remains for one year from the start date
- if emp voluntarily terms his employment with the co within one year from start date of his assignment in new location, the emp will owe the full amount of relo
- [IRS tax paragraph]
- any events other than those described in para 3 above (presumably bullet above IRS) which prevent employee from being employed by co on or after the date of this agreement, incl but not limited to death or disability of employee, shall cause the term of this agreement to expire on the employee's last date of employment, at which Tim the full amount of relo will be forgiven in its entirety
- agreement is bound by Virginia domestic law
- agreement shall constitute the entire agreement between the parties hereto and replaces and supersedes all prior agreements, written or oral, relating to the subject matter hereof between the parties to this agreement
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Questions:
Given my diminished role as a result of all internal customer activities ceasing due to the merger and my department's noticeable lack of inclusion in the new org structure, how successful could I be in claiming involuntary resignation (this agreement only mentions voluntary resignation)?
Given that I have a disability (Type 1 diabetes) and my health has gotten significantly worse since joining this company and dealing with the relo and merger processes, as well as the indefinite period of uncertainty, what say you about claiming a disability to continue working under these conditions?

