• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Relocation Reimbursement Payback

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RCaesar

Junior Member
We live in North Dakota and moved from South Dakota.
At some point after my husband was hired for the position here in North Dakota, we were told that we would receive $1500 in relocation reimbursement. It was good news to us, as we had no other way of funding our relocation, and probably would have accepted a different job offer that was on the table if we had no funds to move here. A few months after arriving, my husband learned that he could only receive the reimbursement if he signed a contract to work here for 1 year, and he could sign on for an additional year to receive a higher amount. He did so in October, and we received $2800 in October (we moved in August). The contract states that if he is terminated or quits before the first year, he has to payback 100%. He was just fired a few days ago. The only reason he was given was something about him not being quite what they were looking for- so a personality issue I guess. He was specifically told in a review a few weeks ago that he is competent for the job. Prior to being fired, he tried to address the issues that his manager brought to him, but her responses were vague and thus the issues were essentially not solved.

We are ok walking away from the situation. He enjoyed the job and most of his coworkers, but there were some personality conflicts his manager and him which made his job very unpleasant. But, in his termination letter, it states that we are required to payback the reimbursement by the 18th- just 2 weeks after he was fired. There is no way that we can possibly do this.

Is there any legal recourse for us? I understand that his former manager is allowed to terminate him for any reason, but because we were under contract, can she terminate him for a personality clash and then require that we payback the reimbursement within 2 weeks?
 


HomeGuru

Senior Member
We live in North Dakota and moved from South Dakota.
At some point after my husband was hired for the position here in North Dakota, we were told that we would receive $1500 in relocation reimbursement. It was good news to us, as we had no other way of funding our relocation, and probably would have accepted a different job offer that was on the table if we had no funds to move here. A few months after arriving, my husband learned that he could only receive the reimbursement if he signed a contract to work here for 1 year, and he could sign on for an additional year to receive a higher amount. He did so in October, and we received $2800 in October (we moved in August). The contract states that if he is terminated or quits before the first year, he has to payback 100%. He was just fired a few days ago. The only reason he was given was something about him not being quite what they were looking for- so a personality issue I guess. He was specifically told in a review a few weeks ago that he is competent for the job. Prior to being fired, he tried to address the issues that his manager brought to him, but her responses were vague and thus the issues were essentially not solved.

We are ok walking away from the situation. He enjoyed the job and most of his coworkers, but there were some personality conflicts his manager and him which made his job very unpleasant. But, in his termination letter, it states that we are required to payback the reimbursement by the 18th- just 2 weeks after he was fired. There is no way that we can possibly do this.

Is there any legal recourse for us? I understand that his former manager is allowed to terminate him for any reason, but because we were under contract, can she terminate him for a personality clash and then require that we payback the reimbursement within 2 weeks?


**A: the answer is yes. Read the contract.
 

RCaesar

Junior Member
recourse

So what is their recourse if we are unable to pay them back within the given period of time?
 

pattytx

Senior Member
He should try to work out a repayment agreement. It costs money for the employer to file a suit and they likely won't if they don't have to.

I'm wondering, though, JETX, if there is any possibility of detrimental reliance here? Not in the termination itself, but at least for the lower amount ($1500) which the OP says was never communicated to her husband. It appears that the continued employment requirement was not made known until after the move was completed, although I definitely agree regarding the additional amount of $1300.

I have been reimbursed for relocation for job moves several times in the past 15 years and, although I have never had to agree to such repayment (and I would be very careful TO agree, depending on the terms), I know there is NO way I could have afforded to reimburse such expenses if I had been required to, in full or over time.
 
Last edited:

RCaesar

Junior Member
PattyTX-
that's kind of what I was thinking. Except, the problem is that we don't have proof that we were told about it *before* moving. It was all verbal, and I don't even remember specific dates. But I do know that it happened before, because I saved all of my receipts for the purpose of turning into his boss for reimbursement.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top