Can you give me the legal definition of "leaving a company of your own volition"?

[badabimbadaboom]

Can you give me the legal definition of "leaving a company of your own volition"?

What is the name of your state (only U.S. law)? MA, at-will employment.

I want to leave my current company, but also keep my signing bonus. The only mention of returning signing bonuses in my offer letter is:

"should you leave the company of your own volition prior to completing 12 months of employment, you will be required to repay the signing bonus in full."

What is the legal definition of "of your own volition"? If I were to stop going to work and cut off all communication with my bosses, would this be construed as "leaving of my own volition"? How about if I were to ask my boss to fire me?

I've been with the company for less than 12 months and the work conditions are great -- the only reason I'm leaving is because a personal venture of mine is starting to take off.

Thank you for the help, it's greatly appreciated!

 

[Zigner]

Q: What is the legal definition of "of your own volition"?
A: the only reason I'm leaving is because a personal venture of mine is starting to take off.


I can't believe this even needed to be asked

 

[badabimbadaboom]

Q: What is the legal definition of "of your own volition"?
A: the only reason I'm leaving is because a personal venture of mine is starting to take off.


I can't believe this even needed to be asked

Yes I'd like to leave my company, but legally I want to be fired. Is there a way to do this without showing up to work and doing something extreme (eg. shouting expletives at my boss)?

 

[ecmst12]

If you cursed out your boss that would still likely be considered voluntarily quitting. Ride out the 18 months or pay the money back.

 

[Zigner]

If you cursed out your boss that would still likely be considered voluntarily quitting. Ride out the 18 months or pay the money back.

Pssstttt

You mean the "less than 12 months"

 

[cbg]

I can't say I think much of the ethics or morals of someone who is willing to sign an agreement that will benefit him, and then when it no longer is convenient for him is willing to lie and cheat to keep the benefit but no longer be bound by the agreement.

If you ask your boss to fire you, that is leaving of your own volition because you instigated it, your boss didn't.

If you manipulate the situation so as to get your boss to fire you, ditto.

Either quit and pay back the bonus, or stay out the 12 months and keep it, but at least pretend you have some principles.

 

[LeeHarveyBlotto]

I would concur with the others that looking for a loophole for something you agreed to is slimy.

That said, it needs to be pointed out that it's possible, perhaps likely, that an offer letter does not rise to the level of a binding contract. Having the letter looked at by an attorney is probably a better bet than looking for a back door.

 

[!CuriousGeorge!]

It when you leave ,, see?

And of your own volition,, see?

The OP needs a dictionary perchance?

 

[Beth3]

What is the legal definition of "of your own volition"?

a) There is none.
b) You already know what "leaving of your own volition means."

If I were to stop going to work and cut off all communication with my bosses, would this be construed as "leaving of my own volition"?

Yep, it's called "job abandonment," which just another form of voluntarily resigning your position.

How about if I were to ask my boss to fire me?

That would be an idiotic thing to do, the boss is highly unlikely to comply, plus it's just another way of your resigning.

Either stick out the 12 months and keep the signing bonus or quit now and quit and repay the money.

 

[anteater]

Two weeks ago, you were worrying about being fired for poor performance and wondering if you would have to pay it back.

What gives?

Poor performance didn't get you fired, so, now, you are looking for other ways to get fired.

Sweet.

 

[ecmst12]

Notice the edit - it said 18 months when I posted.

 

[Zigner]

Notice the edit - it said 18 months when I posted.

Fair enough

 

[Betty]

Note prior thread:
https://forum.freeadvice.com/hiring-firing-wrongful-termination-5/do-i-have-return-my-signing-bonus-if-im-fired-565421.html