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Implied Contract

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bob68693

Junior Member
Colorado: Does a sign on bonus with a specific term imply an employment contract, at least for that term? For example, I was given a sign-on bonus with the stipulation that if I voluntarily terminated or was terminated for cause prior to two years elapsing, the bonus must be repaid in full. I was just laid off after 15 months with the company.

Thank you ...
 


bob68693

Junior Member
I don't expect them to request repayment, as the layoff was their action, and specifically not for cause. However, is what is good for the goose good for the gander? I was being held to a two-year minimum term, are they as well. They did not take care in the offer letter to explicitly state "employment at will", and I [virtually] signed the offer letter by electronically accepting it. Is this consequently a contract of employment for a minimum of two years which I can contest in court for front pay.

Thanks ..
 

Zigner

Senior Member, Non-Attorney
I don't expect them to request repayment, as the layoff was their action, and specifically not for cause. However, is what is good for the goose good for the gander? I was being held to a two-year minimum term, are they as well. They did not take care in the offer letter to explicitly state "employment at will", and I [virtually] signed the offer letter by electronically accepting it. Is this consequently a contract of employment for a minimum of two years which I can contest in court for front pay.

Thanks ..
No, it is not.
 

Some Random Guy

Senior Member
From you description of the wording of the letter it is indeed a contract. But the contract is to provide you a signing bonus in exchange for your ability and desire to do your job properly. Since the document did not place conditions on the employer laying you off, you should be able to keep your bonus for being laid off without cause.

But the contract does not explicitly guaranteee or imply that it is guaranteeing employment, so it is not an employment contract and will not help you in your quest to get paid for the next 9 months.

Yes the document did not state that they were employing you "at will". It also probably failed to mention whether you are overtime exempt, eligible for a 401K, or that the sky is blue. Since it is not an employment contract it doesn't matter.
 

bob68693

Junior Member
Is this state specific? Are you aware of Colorado case law one way or the other on this topic? Under which jurisdiction would this be prosecuted, employer or employee?

Thanks again ...
 

Beth3

Senior Member
You need to speak with a local attorney if you want that type of specific information however based on what you shared in your first post, I don't see that the bonus repayment agreement if quit or were terminated for misconduct constituted a guarantee of employment for two years. I think you're grasping at straws.
 

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