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Sign the Contract to Still have a Job?

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jeanbaptc

Junior Member
What is the name of your state?What is the name of your state? NC

I'm in a job where I am on rotation every six months for 2 years. When I rotate, I'm given relocation money. When I joined the company a year ago, they gave me contract to sign stating that if I left the company within the first 12 months (which means within the first year), then I will be reimbursing all relocation money. Now, all of us that are on rotation have been given a new contract stating that our 12 months of responsibility begins after every subsequent move. And if we leave the company within any 12 months, we owe relocation for 2 rotations and bonuses from initial date of employment.

Initially, we were told that we had a choice to sign it because this new contract is the same as the first one we signed. But the language is different! Now we are being told to sign it or else. When we questioned management on the new contract, they to sign it and ask questions later. Most people have signed it because they feel that their job is being threatened. I, on the other hand, do not want to sign it and management has said that I need to make a decision and they also need to make an example out of someone.

This new contract doesn’t say that it supercedes the old one from last year. The language is specifically written, “If I voluntarily terminate employment within 12 months of my start date or accept a subsequent transfer, I agree to reimburse the Company for any expenses paid or reimbursed and for any hiring bonuses. I also agree to reimburse the Company for any outstanding monies I owe the Company that have not been repaid by the time my employment is terminated. I further authorize the Company, to the extent permitted by law, to deduct and offset any payments, including but not limited to payments for wages, bonuses, or expenses, otherwise owed to me upon termination of employment. If these deductions are insufficient, I agree to reimburse the Company for the balance.”

Can they do this to me halfway through my employment?
 


Beth3

Senior Member
In theory, yes. Your employer is free to change the terms of your employment any time they wish to; you are free to say "no thanks" and walk out the door if you don't like it. In practical terms though, for an employee who needs a paycheck, that's easier said than done.

I suggest you take the contact and show it to a qualifed attorney asap. There are several issues here that only an attorney practicing in your State can advise you on, after he reads the agreement:

1. Does this really constitute an employment contract? (Does it bind you and the employer to a specific term of employment?)
2. If it's not an actual contract and you remain an "at will" employee, are the repayment terms so onerous so as to restrict your at will rights, in which case the agreement may not be enforceable.

You really need to see a local employment law attorney - the exact specifics of your situation and the language of the agreement/contract are critical issues.
 

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