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Contract advice needed

dukebound85

dukebound85

macrumors Core
Original poster
Jul 17, 2005
19,218
4,342
5045 feet above sea level
I am moving...YAY

But I have a question about a contract I had signed for relocation. Essentially, they paid me a lump sum package to move out here.

Here is the agreement

I agree that if I voluntarily terminate or otherwise leave my employment for reasons within my own control, or am terminated for cause within one (1) year from date of commencement of work after arrival at a new work location, I will promptly reimburse "company name" the full amount of all relocation monies paid to or for me by the company. If final pay is not sufficient to cover all of the expenses, I promise and agree to pay upon demand to the company the remaining balance.

I fully understand that the foregoing is not intended as contract of employment for any period.

"I understand that no payments or reimbursements to me or on my own behalf can be made until this is signed and returned to "companay name"".
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My question
My year date is Feb 9th. Am I at risk for payback if I inform the company that I decided to leave the 31st of Jan with the final day being the end of Feb?

Could that clause be enforced on the day I tell them I am quitting or does it apply to my last day physically at work?

I would like to give them a months notice to help them out with planning. If that is unwise, I will tell them on the 10th and give a meager 2 weeks notice, which may be a hardship on them. I would like to give the most time I can for future reference concerns.

Or is a 2 week notice acceptable? Even for a job that requires clearance, so they just can't replace me as quick as a job that doesn't.

Thoughts? I do not want to resign a lease and be liable for more moneythan I need to be out here as I can't do a month to month lease.

Thanks!
 
If you gave notice before the year, and said you'd work till after the year, then could say "that's okay, go now" and then say you left before the year and ask for the moving expenses back.

I would wait till after the year to give notice.
 
swiftaw said:
If you gave notice before the year, and said you'd work till after the year, then could say "that's okay, go now" and then say you left before the year and ask for the moving expenses back.

I would wait till after the year to give notice.
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If they did that, then that would not be for "cause" and then I wouldn't be liable to pay it back right?
 
dukebound85 said:
If they did that, then that would not be for "cause" and then I wouldn't be liable to pay it back right?
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Once you inform them you are leaving they can determine your last day. It was still your choice to leave, and therefore you would be still liable to repay the moving expenses.
 
I would almost wait until after the 9th to turn it in. I would not trust the company not to let you go right before hand and then demand you pay them back.
Legal or not they can tie you up in court or demand it then you have to fight for you money in court. That could be hard battle.
 
dukebound85 said:
Is 2 weeks acceptable notice in todays buisness world then? One that requires a clearance?
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I think it is still acceptable. I just would worry that a lot of companies when you give them your two week notices they say bye.
If they let you go for that they might try to claim that you broke the contract and want the money back. Legally speaking you should have it but I do not trust companies so I say give the two week notice on your 1 year mark. It makes it impossible for them to say bye and then claim you quit before you year forcing you to fight for you money in court.
 
Rodimus Prime said:
I think it is still acceptable. I just would worry that a lot of companies when you give them your two week notices they say bye.
If they let you go for that they might try to claim that you broke the contract and want the money back. Legally speaking you should have it but I do not trust companies so I say give the two week notice on your 1 year mark. It makes it impossible for them to say bye and then claim you quit before you year forcing you to fight for you money in court.
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True. Need to cover my own behind

swiftaw said:
Do you have an employee handbook given out by HR? I know that we do and it spells out how much notice you need to give.
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Not sure. Will have to look into it
 
dukebound85 said:
So just give them a meager 2 weeks notice?

Will there be bad blood as a result of that?
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Yes, two weeks' notice is standard for just about any position. If there's any bad blood, it will be on them, not on you; 2 weeks is a standard business practice. I have heard of certain executive positions asking for 3 weeks, but that's for like Vice Presidents, etc. - and even then, that's rare.

dukebound85 said:
Is 2 weeks acceptable notice in todays buisness world then? One that requires a clearance?
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I don't see how clearance changes that. Two weeks is good.

dukebound85 said:
so is giving notice on the 9th adequate if i want to have my last day be the 26th? should be enough time to not have burned bridges right?
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Should be just fine. Besides, unless you're moving back to New York sometime in the future, burning bridges shouldn't be an issue. :p

All joking aside, people leave jobs. Some employers are more understanding about that than others. Wait until the 9th comes and goes, then turn in your notice. Most companies reserve the right to sever the relationship immediately and pay you the two weeks' in the form of severance in lieu of notice, so I wouldn't do it before your year is up.
 
How many of these respondents are lawyers licensed to practice law in your jurisdiction. Man up and pay for an hour of a lawyer's time to get an opinion that will stand up in court. The "I read it on the MacRumors message board defense" does not fly in most courts.........
 
TJRiver said:
How many of these respondents are lawyers licensed to practice law in your jurisdiction. Man up and pay for an hour of a lawyer's time to get an opinion that will stand up in court. The "I read it on the MacRumors message board defense" does not fly in most courts.........
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If you noticed some of us gave him advise that there was no way around it. I said give the 2 week notice after the 1 year market. No way for the company to hold it over his head.
 
TJRiver said:
How many of these respondents are lawyers licensed to practice law in your jurisdiction. Man up and pay for an hour of a lawyer's time to get an opinion that will stand up in court. The "I read it on the MacRumors message board defense" does not fly in most courts.........
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You don't need a law degree to recognize which is the safer option, especially when some of us (well, at least me) have had personal experience dealing with contract issues such as this on both sides.
 
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