Performance Bonus Clawback

[dod35343]

What is the name of your state (only U.S. law)? Texas

I have a question regarding clawback of a "performance" bonus. I had been verbally awarded a performance bonus several months ago. A week after being told about the bonus, I was told when the bonus would be deposited and was sent a memo stating the bonus amount and that it was subject to a prorata clawback. This was a memo and was not signed by me. In the memo, it stated that the money would have to be paid back for termination due to cause or if i voluntarily leave. No terms were stated regarding when the money would be due or consequences for non-repayment.

I have accepted and offer at another company and my current company told me to bring my checkbook on my last day for repayment of the prorata clawback amount. This notification was done over email and the initial stated amount due was wrong. A follow up email was sent with another number.

What are my legal rights? Can clawbacks be imposed via memo without my consent? Can I legally bound to repayment on a day that is not specified anywhere and with consequences of non-payment not defined?

 

[justalayman]

What are my legal rights? Can clawbacks be imposed via memo without my consent?

your acquiescence to the terms is your consent. Your rights at the time you received the terms was to either agree or not. If you did not agree you needed to inform them you did not want the bonus. Since you accepted the bonus and were given notice of the terms, you are bound by the terms.

No terms were stated regarding when the money would be due or consequences for non-repayment.

just as with earning money; it is due at the time it accrues. The terms stated it was subject to a claw back upon either of the two qualifying events so once either of those events occurred, the money was due.

Can I legally bound to repayment on a day that is not specified anywhere

yes

and with consequences of non-payment not defined?

you mentioned no consequences but what they would have available to them is to sue you should you not repay the amount owed. Just as with any contract, if you breach the contract, the injured party has a right to seek redress through the courts.