Relocation Repayment

[bmuhtneerg]

What is the name of your state? Colorado

I work for a corporation that relocated me last May. I signed the repayment agreement around May 5th and actually packed up some of my stuff and arrived at my new position on May 9,2006. They put me up in corporate housing until 6/9/06 and my stuff was moved out here into my apartment on 6/5/06. I am looking for employment from another company and want to quit but was wondering if I am going to have to pay them their money back for relocation if I leave before the 9th of june. the agreement states

I further acknowledge a report of direct expenses incurred as a result of this relocation will be reported to the appropriate Federal and State tax agencies by the Company and reflected on my earnings statements. I fully understand that I must declare such income for the tax year during which the expenses are incurred.


I further acknowledge should I fail for any reason under my control to begin the assignment on the designated date, be discharged for disciplinary action to include but not limited to unlawful or criminal conduct, falsification of records, physical violence, destruction of company property, improper discrimination, harassment of other employees, including sexual harassment or voluntarily terminate my employment, with the Company prior to twelve-months (12) months from the date of relocation, it is agreed I will reimburse the Company for any and all expenses, including tax liability paid to me or on my behalf, related to my relocation.


Finally, I authorize the Company to withhold in the maximum amount permitted by law, payment of any and all moneys due me in the nature of wages, vacation pay, commissions, bonus, reimbursable business expenses or any other compensation due me, and may use all other available means to satisfy this obligation. I agree if the foregoing withholding is insufficient to liquidate this obligation, then the balance shall become immediately due and payable without notice or demand. I also agree that I will be responsible to pay any legal expenses associated with the collection of this debt.


I was wondering with this wording if they are referring to my relocation which took place in may or my stuff which was finished in June. Any insight would be greatly appreciated. I do not want to pay them their money back but want to part ways with the Company as soon as possible.

bmuhtneerg

 

[cbg]

We don't know what their intent was with regards to the date. Why don't you ask them?

 

[bmuhtneerg]

I'm not sure how to pose the question without making myself look like I'm getting another job. I would rather they not know until I gain employment somewhere else.

 

[cbg]

I can understand your feeling that way. However, there's no possible way for us to know which date they intend to consider the agreement as going forward from.

You might be safest to wait until 6/9.

 

[bmuhtneerg]

I was looking through some of my other papers and found a relocation policy for my company. They use primacy for relocation and made a comment about getting the repayment agreement faxed to her. The policy states

REPAYMENT AGREEMENT AND REIMBURSEMENT OF RELOCATION EXPENSES
Repayment Agreement: If a relocated employee terminates employment with the Company for any reason other than death, disability or Company-initiated termination within the first twelve months of the transfer date, the employee will be required to reimburse the Company for all relocation expenses outlined in the Repayment Agreement. The employee must execute a Relocation Agreement before any services can be arranged by Primacy.


Reimbursement:

Relocation expenses must be kept separate from normal business expenses. Only relocation expenses reported on the Relocation Expense Form, with original receipts attached, can be submitted to Primacy for reimbursement.
Relocation expenses should be incurred and completed within twelve months from the date of transfer.
RESERVATION OF RIGHTS
The Company reserves the right to interpret, modify, or revise this policy in whole or in part without notice.
Nothing in this policy is to be construed as an employment contract nor does it alter an employee’s at-will employment status.

I started on Wednesday May 10th and signed the agreement on May 6th to take over the position. I checked my pay statements and had received retro pay on 6/2 for my 5/19 ending paycheck beginning on May 8th. Therefore my transfer date by my pay would have been May 8th. Maybe this means I'm good to go??

 

[pattytx]

It's only another 4 weeks max. Sure you can't suck it up till then? To be on the safe side.