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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Angry Employer Wants Sign On Bonus Returned, Claims it was Offered by Mistake

    Hello. I am currently working for a Fortune 500 company in California. (The company headquarters is in a different state). I have been working for them for over 2 months now and was just told that the one-time sign on bonus that I received as part of the offer letter I signed (before employment) was a mistake and that it needs to be paid back. When I signed the offer letter accepting the job I signed it based on the compensation package shown in the offer letter. Human Resources, my manager, and his manager all approved the offer letter before it was sent to me. (i.e. There were many people who could have caught this "mistake" before the letter was sent.) The money is currently in my bank account. What legal right do they have to ask for the money back? My decision in accepting the job offer was based on the sign on bonus I would be receiving. The only condition in the letter for returning the bonus is if I voluntarily quit before 1 year. If I am terminated before 1 year I get to keep the bonus. I know my manager and his manager wanted me to have the sign on bonus, but apparently HR is having "remorse" in giving it to me. What legal recourse do I have in this situation? Thanks for your help.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Wants Sign On Bonus Returned

    Show the letter to an attorney in your state. We cannot evaluate the enforceability of a document we have not read.

  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Employer Wants Sign On Bonus Returned

    Thanks for your reply. I talked to 2 attorneys who told me that legally I don't have to return the sign on bonus because the contract (offer letter) is legally binding (with regards to the sign on bonus). However, I am being coerced by management telling me that, regardless of the legality, if I want to "remain an employee with the company" then I have to return the money otherwise I will be gone. I love being threatened into a situation where I'm caught between a rock and a hard place. I guess ethics aren't important at this company...

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