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Paid a bonus/retention without signing

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Bobtudor

Junior Member
What is the name of your state (only U.S. law)? Hawaii

I've worked for the company for over 2 years, was offered a position with a new company. I informed my current employer and they proceeded to negotiate with me to get me to stay. They offered a large raise and bonus. It wasn't the full amount that I wanted to stay and ended up deciding to take the new job.

While I was deciding what I wanted to do and we were negotiating they sent me a form stating their offer and saying that the bonus would be issued 10 days after receipt of a signed copy.

I never signed but they ended up putting the money in my account the day after they emailed me the letter.

This happened December 28th 2015. Now I have gone on to my new job but we are at a stale mate as to how or if I'm required to pay them back. I'm on the hook for over $6000 in taxes to federal and state and they are saying they will issue a corrected w-2 once I repay. I'm not sure I'm that trusting or that they have a legal leg to stand on without anything signed my me.
 


eerelations

Senior Member
So you think that because they paid you the bonus by mistake, you don't have to pay it back? And your excuse is that you don't believe they'll issue you a revised W2 if you paid it back? (Even though they are required to by law.) And if that doesn't work, then your excuse is that you don't have to pay it back because you didn't sign the bonus document? (Even though you knew it was a retention bonus whose sole purpose was to keep you working there, which you didn't.)

Really? You really think the judge will accept this when you're in court being sued?
 

Bobtudor

Junior Member
Not what I was implying

So let me clarify, in hopes of clearing up the confusion. We would like to return the $ as long as we know it is being done correctly and that our tax interests are covered.

I have been trying to pay this back for 5 weeks, they have drug their feet and said they couldn't do anything because w-2's were issued, year was closed, lots of excuses. Constant back and forth, by them, on how they wanted to handle this.

I'm not looking to screw them over, loved working for them. They've had weeks to figure this out and I'm supposed to jump without knowing if this is how it should be handled.
 

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