Relocation Repayment

[hunter3558]

What is the name of your state (only U.S. law)? Washington
I was recently terminated from a new job I had accepted in Washington (I was on it for 3 months). The company relocated me there from Colorado and is demanding I repay relocation expenses of approximately $43,000. I was terminated for "misuse of a govt. computer and told I had been visiting pornographic websites, namely WEGR Rock 103 (Memphis Tenn.) and their Babe of the Day. This was done in the mornings before the shift began and is not pornographic material. It is the equivilant of Sports Illistrated Swimsuit models and they have a new one daily. This came less than half of a day after I had a heated discussion with a supervisor (on a different site) about procedures. The company is an LLC fromed by a couple of companies that I have over 10 years with and have never had a disciplineary action against me. My personel file and annual reviews even state that I am an exemplary employee and the project would not perform as well without me. I have been visiting this same website for many years (part of my daily routine) and have never had anything said to me about being inappropiate. Every job I have been on with these 2 parent companies have the same computer usage policy and we even go thru training on it and are told personal usage is ok as long as it is not inappropiate and does not interfere with work hours.

Whats more, during my termination meeting I was told "the bright side to this termination is I wouldn't be black balled on the Hanford site and I would be eligable for rehire in 6 months or a year if they felt I had learned a lesson". If that is the case shouldn't I at least get one warning or notification? The HR policy says there will be a Disclipinary Review Board meeting and summary before any suspension or discharge. I have requested in writing a copy of the file they referenced and had in their possession (at the time of my termination) of the investigation performed and a copy of the Disciplinary Review Board summary and been denied both saying they are company confidential.

I have contacted Clear Chanel Communications WEGR Program Manager and he suggested I contact a lawyer as they "clearly do not post pornography". I contacted a local lawyer and he said Washington is an At Will state and they could pretty much do what they want. I need some advice please.

 

[pattytx]

This was done in the mornings before the shift began and is not pornographic material. It is the equivilant of Sports Illistrated Swimsuit models and they have a new one daily.

Makes no difference. If the employer thinks it's inappropriate, it's inappropriate. Using employer equipment for personal perusing as a new employee makes your boss think "how much more is he going to do this as time goes on?".

Nor does having "heated discussions".

Whether or not the company policy regarding warnings before termination rises to the level of a contractual obligation is doubtful. Based solely on your post, I agree with your attorney.

Now, regarding repayment of relocation expenses, what does the agreement say?

 

[hunter3558]

It basically says that repayment is required only if I voluntarily terminate employement with the company including termination for cause within 12 months of my reporting date of an assignment.
It also says that if I fail to make such payments voluntarily, I authorize the company to deduct the sums due from whatever assets of mine the company has in its possession or custody in discharge of the repayment obligations assumed by me. (not sure what this means)

 

[pattytx]

On the face of it, doesn't sound like you are liable for repayment. But have the entire agreement reviewed by a local attorney.