What is the name of your state? Residence - Ohio, Employed in Kentucky and Law suit in Ohio
My ex-employer has sued me in the Hamilton court in Cincinnati, Ohio to recover a relocation package that was given to me in February 2005. (I live in Calif now).. I was living in Cincinnati then and was working for the company in Northern Kentucky, across the river. The package of was given to me for a supposedly long term assignment to go to work out of Frankenmuth, Michigan. The deal that I signed states that if I leave the company within 9-12 months, I will have to pay 1/2 of it and if I leave before it I will have to give back the full.
After just 3 1/2 months, the company just closed the position totally and on June 30 2005 sent me to another assignment in Cincinnati. Basically I finished the assignment in Michigan and then moved to Cincinnati. That time they again gave me another relocation package (haof of first) with the same set of conditions.
I am not in any high-level business consulting. I am just a sales manger in an Insurance company. Normally when someone is a sales manager they get a long term of 2-3 years, but the company pushed me back and forth for fire fighting.
In mid-october 2005 I got to know that the company lawyers failed to defend my case in front of the INS and my work authorization for further period was rejected (I am foreign national). I had to be let go. The company just made up a case of bad performance and sent me out on November 2005 instead of having me work for them till my present authorization ended. Now they are asking me for the 1/2 that I owe from my first travel to Michigan. How is it right to do it. I have completed the assignment in Michigan and my work visa has been rejected. Also, the company has not asked me for the other money I owe for the travel back to Cincinnati in that lawsuit. (they have sent letters though)
I do not have a lawyer and am fighting the case myself.
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THE DATE FOR THE HEARING IS NEXT WEEK. I WOULD LIKE TO MOVE FOR A MOTION FOR DISMISSAL.. I HAVE ATTACHED A PART OF MY "RELOCATION POLICY" .. The lines between Astericks marks are very relevant in my case as they moved me within 10 weeks from the position and gave me another relocation package with another terms and conditions. REPAYMENT SECTION came under these lines. Please tell me how I should move for dismissal on that grounds.
Any guidance would be appreciated.
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Full Policy for Transferred and Newly Hired Filed Associates
In order for eligible associates to devote their full energies to a smooth and productive transition to the new job, it is the policy of the company to minimize the inconveniences normally associated with a career relocation. Transfers of associates between business groups and/or geographic locations are made based on the needs of the business and the career choices of associates at the sole discretion of the company.
Relocation benefits are extended to field associates that the company has requested to relocate.
Transferees have up to six (6) months from their respective date of employment or start of a new position to receive relocation assistance benefits. Certain relocation benefit provisions include specific time, dollar limits , and limits dependent upon percentage of income, for which benefits are provided. Please review this policy carefully and discuss any questions with your manager or the field operations staff.
******Provisions of this policy will apply if the move is in compliance with current federal tax statutes relating to distance and duration of the move. IRS regulations start that the distance between the new place of employment and the former residence must be fifty (50) miles greater than the distance between the employee's former place of employment and former residence. The employee must also work full-time at the new location for at least thirty-nine (39) weeks within the first year after transfer.**************
SECTION 1-TRAVEL AND LIVING EXPENSES
Company provides travel and living expense reimbursements for specific expenses during an associate's transition to his or her new home.
A. Reimbursement Allowance
● Lump sum relocation assistance payments for field associates are intended to provide the associate with the company's share of expenses involved in moving to a new location.
These expenses may include, but are not limited to:
1. Sale of existing residence
2. purchase of replacement residence
3. movement of household goods and personal effects
===========================================
My ex-employer has sued me in the Hamilton court in Cincinnati, Ohio to recover a relocation package that was given to me in February 2005. (I live in Calif now).. I was living in Cincinnati then and was working for the company in Northern Kentucky, across the river. The package of was given to me for a supposedly long term assignment to go to work out of Frankenmuth, Michigan. The deal that I signed states that if I leave the company within 9-12 months, I will have to pay 1/2 of it and if I leave before it I will have to give back the full.
After just 3 1/2 months, the company just closed the position totally and on June 30 2005 sent me to another assignment in Cincinnati. Basically I finished the assignment in Michigan and then moved to Cincinnati. That time they again gave me another relocation package (haof of first) with the same set of conditions.
I am not in any high-level business consulting. I am just a sales manger in an Insurance company. Normally when someone is a sales manager they get a long term of 2-3 years, but the company pushed me back and forth for fire fighting.
In mid-october 2005 I got to know that the company lawyers failed to defend my case in front of the INS and my work authorization for further period was rejected (I am foreign national). I had to be let go. The company just made up a case of bad performance and sent me out on November 2005 instead of having me work for them till my present authorization ended. Now they are asking me for the 1/2 that I owe from my first travel to Michigan. How is it right to do it. I have completed the assignment in Michigan and my work visa has been rejected. Also, the company has not asked me for the other money I owe for the travel back to Cincinnati in that lawsuit. (they have sent letters though)
I do not have a lawyer and am fighting the case myself.
------------------------------------
THE DATE FOR THE HEARING IS NEXT WEEK. I WOULD LIKE TO MOVE FOR A MOTION FOR DISMISSAL.. I HAVE ATTACHED A PART OF MY "RELOCATION POLICY" .. The lines between Astericks marks are very relevant in my case as they moved me within 10 weeks from the position and gave me another relocation package with another terms and conditions. REPAYMENT SECTION came under these lines. Please tell me how I should move for dismissal on that grounds.
Any guidance would be appreciated.
=====================================
Full Policy for Transferred and Newly Hired Filed Associates
In order for eligible associates to devote their full energies to a smooth and productive transition to the new job, it is the policy of the company to minimize the inconveniences normally associated with a career relocation. Transfers of associates between business groups and/or geographic locations are made based on the needs of the business and the career choices of associates at the sole discretion of the company.
Relocation benefits are extended to field associates that the company has requested to relocate.
Transferees have up to six (6) months from their respective date of employment or start of a new position to receive relocation assistance benefits. Certain relocation benefit provisions include specific time, dollar limits , and limits dependent upon percentage of income, for which benefits are provided. Please review this policy carefully and discuss any questions with your manager or the field operations staff.
******Provisions of this policy will apply if the move is in compliance with current federal tax statutes relating to distance and duration of the move. IRS regulations start that the distance between the new place of employment and the former residence must be fifty (50) miles greater than the distance between the employee's former place of employment and former residence. The employee must also work full-time at the new location for at least thirty-nine (39) weeks within the first year after transfer.**************
SECTION 1-TRAVEL AND LIVING EXPENSES
Company provides travel and living expense reimbursements for specific expenses during an associate's transition to his or her new home.
A. Reimbursement Allowance
● Lump sum relocation assistance payments for field associates are intended to provide the associate with the company's share of expenses involved in moving to a new location.
These expenses may include, but are not limited to:
1. Sale of existing residence
2. purchase of replacement residence
3. movement of household goods and personal effects
===========================================