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  1. #1
    Join Date
    Apr 2008
    Posts
    4

    Default Want To Resign Without Repaying Relocation Expenses

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

    I want to leave my company as soon as possible without any penalties; first let me provide a background:

    -15 unused vacation days

    -Starting date (first day of work): Early August 2007

    -Hired on payroll system ($0.00 initially, then "rehired" on starting date at current pay): late June 2007

    -Penalty: "You will receive a relocation allowance in the amount of XXX. By signing this letter, you agree that in the event you resign or are terminated for cause from XYZ within one (1) year from your date of hire, you will reimburse XYZ for all relocation expenses incurred in connection with your employment."

    -The agreement does not use the term "date of hire" anywhere; they have a section for "Starting date" though


    Questions:

    1. May I assume the payroll hire date so that I can leave in June 2008?
    2. May I declare my June resignation in May?
    3. Finally, may I declare my resignation, do two weeks to help with transition, then use my 15 days of vacation?

    I can supply more details if needed; also, if this is too involving, I would also appreciate any referrals for NYC counsel (something not too pricey; I've never done this sort of thing before!).

    Thanks.

  2. #2
    panther10758 Guest

    Default Re: Want To Resign Without Repaying Relocation Expenses

    You should have an Attorney look at this agreement as you have much to lose. I would guess if you give notice before the one year they can end relationship and say you resigned. Its important you understand your agreement so having an Attorney look at it is your wisest move

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Want To Resign Without Repaying Relocation Expenses

    I agree with taking it to an attorney...because the devil will be in the details.

    (1) I would NOT make that assumption or any others actually. I would expect that it would be the first day worked. Which makes 1 year = August 2008. Honestly how many days are there between the two dates....do you really want to jeopardize the contract over a couple of weeks at most? (actually read that as july first sorry)...but still don't think I would jeopardize it for even 6 weeks.

    (2) You may declare your resignation whenever you want to. NY is an at will state on both the employee and employer side. However, your employer is welcome to immediately accept that resignation and that could possibly throw you into the situation you are trying to avoid. Does the contract have any out if they get rid of you vs you leaving on your own?

    (3) Employers have the right to control their vacation policy since federal law is silent on vacation pay. I know many employers that will not allow employees to use vacation during their resignation period...however some do pay out accrued vacation at termination. My source shows that payout of vacation at termination in NY is dependent on company policy.

    Again, I suggest speaking with an attorney in your area. It will be well worth the consultation fee.

  4. #4
    Join Date
    Apr 2008
    Posts
    4

    Default Re: Want To Resign Without Repaying Relocation Expenses

    Wow, thank you both for the input; I actually have another job offer lined up, but it will require the early resignation. How exactly do I find an attorney? Googling "NYC employment lawyer" will suffice? Or is there another more-established medium to communicate with attorneys?

    hr for me:

    2. I wrote the "Relocation" portion of my contract verbatim (minus the XYZ and XXX). Would there be another section I should investigate?

    3. Another former colleague in my exact situation left earlier this month and used vacation days between "declaration" and "resignation" day. It's a miracle our company still hasn't pursued the reimbursement for relocation.

    How much does a consultation usually cost?

    And again, I really appreciate the responses.

  5. #5
    panther10758 Guest

    Default Re: Want To Resign Without Repaying Relocation Expenses

    Some Attorenys grant free intial visit but you will only know by calling

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Want To Resign Without Repaying Relocation Expenses

    I would try to talk to an attorney that practices employment or contract law.

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