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  1. #1
    Join Date
    Mar 2006
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    3

    Default Can an Employer Demand Money Based on Provision in an Employee Manual

    Hi,

    I was offered a job with the offer details in a formal offer letter. This included a relocation payment and recruitment bonus.

    However, after joining, I was asked to read and sign an employee handbook that mentioned that I would need to return my relocation payment if I quit the company within a year. Is this enforceable, given that the offer letter at the time of accepting employment did not state this condition?

    Also, the company agreed to pay the recruitment bonus upon joining and did not pay even a month after joining. I quit the job after this. Is the company liable to pay me the recruitment bonus?

    Thanks,
    V

  2. #2
    Join Date
    Sep 2005
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    Default Re: Agreements other than in letter offering employment

    Quote Quoting vin
    However, after joining, I was asked to read and sign an employee handbook that mentioned that I would need to return my relocation payment if I quit the company within a year. Is this enforceable, given that the offer letter at the time of accepting employment did not state this condition?
    Did you sign this agreement before or after you received your relocation payment?

    Quote Quoting vin
    Also, the company agreed to pay the recruitment bonus upon joining and did not pay even a month after joining. I quit the job after this. Is the company liable to pay me the recruitment bonus?
    Possibly - it depends upon the terms of the recruitment bonus. Often there is a requirement that you stay in the job for a specific period of time, for example, before you actually get the bonus.

  3. #3
    Join Date
    Mar 2006
    Posts
    3

    Default

    1." Did you sign this agreement before or after you received your relocation payment?"

    My Answer: I signed this agreement before receiving my relocation payment check.

    Before signing the agreement, I had already spent $x on relocation as the offer letter stated that I will be getting the relocation payment


    2. "Possibly - it depends upon the terms of the recruitment bonus. Often there is a requirement that you stay in the job for a specific period of time, for example, before you actually get the bonus."

    My follow up question: The offer said that half my recruitment bonus would be given following joining and other half 6 months after joining. But I did not receive my first half. So, does the company have to pay this?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default

    Your having signed a more detailed agreement before receiving your relocation complicates matters. You could conceivably argue that you had alread kept your part of the deal by relocating before being asked to sign the new agreement, and thus that they were not able to impose additional terms. True or not, they might respond that the new writing reflected your actual understandings from the start and thus did not impose any new terms. It's going to depend upon the timing, facts, and terms of any agreement(s).

    If the agreement was to pay you half your recruitment bonus immediately upon your joining the company, with no condition that you stay with the company in order to retain the bonus, since you did join and work there for a month they apparently owe you that half of the bonus.

  5. #5
    Join Date
    Mar 2006
    Posts
    3

    Default

    Hmm.

    Thank you so much for your input. Sure did help in getting clarity on the situation.

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