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Contract null and void??

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ellekayw

Junior Member
Hi, from LK in Denver, CO.
Not sure if this is the right folder for this question but here it goes...
My husband was hired in Nov 2003 and was given $4500 (for moving expenses, etc) and signed a contract stating that if he left the company before November 2005 he would have to pay back that money plus 6% interest. The contract was written with my husband to be in a 2 year 'training' program, working a few months at different departments within the company and after Nov 2005, would then be assigned a department to take over.
Well, in Jan 2004 (2 months later) he was appointed to Manager of one department, and this Feb 2005, was made Head of Operations.
My question is, if he leaves this company before Nov 2005, does he still owe this money? Esp. since the contract was written with my husband being a 'trainee' for 2 years and that's no longer his job? I feel that the contract was made null and void as soon as they changed his job responsibilities from Trainee to Manager.
Also, the company (a small family owned operation) gave a cash check - ie didn't notify the IRS and basically took the $4500 as a tax deduction. So would they come after us for that money, and if they did, do we have any recourse?
Thank you,
LK
 


BelizeBreeze

Senior Member
If he left the company he would pay back the money. Unless there is something you are not telling us, there is no connection between the relocation package and the job title.

The other question I'm not going to address. It's inmaterial
 

cbg

I'm a Northern Girl
If you are asking whether or not the law says the contract is made null and void by the change in his responsibilities, no, it doesn't.

Unless the wording of the contract specifically spells out a change in responsibilities as voiding the contract, it is still in effect. You will have to show the contract to a local attorney for a definite answer; we cannot interpret a document we have not read.
 

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