Virginia employer terminated employee and wants signing bonus returned
A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter:
Along with this offer, you are receiving a $10,000.00 signing bonus, which includes $3,000.00 to be paid directly to you in your first company paycheck and the remaining $7,000.00 to be paid to you at 30 days of employment with xxxxx. A 1−year commitment required or the bonus will be repaid in full to xxxxx.
Can the employer legally keep the employee's last check and send the employee a bill for the remainder ?
employment virginia
asked 6 hours ago
jlo-gmailjlo-gmail
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A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter:
Along with this offer, you are receiving a $10,000.00 signing bonus, which includes $3,000.00 to be paid directly to you in your first company paycheck and the remaining $7,000.00 to be paid to you at 30 days of employment with xxxxx. A 1−year commitment required or the bonus will be repaid in full to xxxxx.
Can the employer legally keep the employee's last check and send the employee a bill for the remainder ?
employment virginia
asked 6 hours ago
jlo-gmailjlo-gmail
1262
New contributor
jlo-gmail is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Was there any other language about the 'bonus" in the letter or in any contract of employment?
– David Siegel
5 hours ago
That was the paragraph pertaining to the signing bonus. It appears to be very simple. At-will employee was involuntarily terminated.
– jlo-gmail
5 hours ago
add a comment |
A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter:
Along with this offer, you are receiving a $10,000.00 signing bonus, which includes $3,000.00 to be paid directly to you in your first company paycheck and the remaining $7,000.00 to be paid to you at 30 days of employment with xxxxx. A 1−year commitment required or the bonus will be repaid in full to xxxxx.
Can the employer legally keep the employee's last check and send the employee a bill for the remainder ?
employment virginia
asked 6 hours ago
jlo-gmailjlo-gmail
1262
New contributor
jlo-gmail is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
A Virginia employee was terminated within 1 year of hiring because the on-site customer felt he was "too negative". Offer Letter:
Along with this offer, you are receiving a $10,000.00 signing bonus, which includes $3,000.00 to be paid directly to you in your first company paycheck and the remaining $7,000.00 to be paid to you at 30 days of employment with xxxxx. A 1−year commitment required or the bonus will be repaid in full to xxxxx.
Can the employer legally keep the employee's last check and send the employee a bill for the remainder ?
employment virginia
employment virginia
asked 6 hours ago
jlo-gmailjlo-gmail
1262
New contributor
jlo-gmail is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 6 hours ago
jlo-gmailjlo-gmail
1262
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edited 5 hours ago
jlo-gmail
asked 6 hours ago
jlo-gmailjlo-gmail
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asked 6 hours ago
jlo-gmailjlo-gmail
1262
asked 6 hours ago
jlo-gmailjlo-gmail
1262
1262
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jlo-gmail is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
jlo-gmail is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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Was there any other language about the 'bonus" in the letter or in any contract of employment?
– David Siegel
5 hours ago
That was the paragraph pertaining to the signing bonus. It appears to be very simple. At-will employee was involuntarily terminated.
– jlo-gmail
5 hours ago
add a comment |
Was there any other language about the 'bonus" in the letter or in any contract of employment?
– David Siegel
5 hours ago
That was the paragraph pertaining to the signing bonus. It appears to be very simple. At-will employee was involuntarily terminated.
– jlo-gmail
5 hours ago
Was there any other language about the 'bonus" in the letter or in any contract of employment?
– David Siegel
5 hours ago
Was there any other language about the 'bonus" in the letter or in any contract of employment?
– David Siegel
5 hours ago
That was the paragraph pertaining to the signing bonus. It appears to be very simple. At-will employee was involuntarily terminated.
– jlo-gmail
5 hours ago
That was the paragraph pertaining to the signing bonus. It appears to be very simple. At-will employee was involuntarily terminated.
– jlo-gmail
5 hours ago
add a comment |
2 Answers
2
active
oldest
votes
Virginia employer terminated employee and wants signing bonus returned
Can the employer legally keep his last check and send the employee a bill for the remainder ?
No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet the condition of "30 days of employment with xxxxx".
Absent any language to the contrary, the requirement of "1-year commitment" is to be construed as the consideration expected from the employee (namely, "not to quit") in exchange for the bonus. Termination by the employer is self-defeating in the sense the employer himself made it impossible for the employee to fulfill the consideration that was expected from the employee. Therefore, the employer forfeits his entitlement to reimbursement.
In the event that the employee met the condition of "30 days of employment with xxxxx", he would be entitled to the remaining $7,000 as well.
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
add a comment |
Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different.
However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may want to do so before sending a communication insisting that your final payceck be paid in full.
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
add a comment |
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2 Answers
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2 Answers
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Virginia employer terminated employee and wants signing bonus returned
Can the employer legally keep his last check and send the employee a bill for the remainder ?
No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet the condition of "30 days of employment with xxxxx".
Absent any language to the contrary, the requirement of "1-year commitment" is to be construed as the consideration expected from the employee (namely, "not to quit") in exchange for the bonus. Termination by the employer is self-defeating in the sense the employer himself made it impossible for the employee to fulfill the consideration that was expected from the employee. Therefore, the employer forfeits his entitlement to reimbursement.
In the event that the employee met the condition of "30 days of employment with xxxxx", he would be entitled to the remaining $7,000 as well.
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
add a comment |
Virginia employer terminated employee and wants signing bonus returned
Can the employer legally keep his last check and send the employee a bill for the remainder ?
No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet the condition of "30 days of employment with xxxxx".
Absent any language to the contrary, the requirement of "1-year commitment" is to be construed as the consideration expected from the employee (namely, "not to quit") in exchange for the bonus. Termination by the employer is self-defeating in the sense the employer himself made it impossible for the employee to fulfill the consideration that was expected from the employee. Therefore, the employer forfeits his entitlement to reimbursement.
In the event that the employee met the condition of "30 days of employment with xxxxx", he would be entitled to the remaining $7,000 as well.
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
add a comment |
Virginia employer terminated employee and wants signing bonus returned
Can the employer legally keep his last check and send the employee a bill for the remainder ?
No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet the condition of "30 days of employment with xxxxx".
Absent any language to the contrary, the requirement of "1-year commitment" is to be construed as the consideration expected from the employee (namely, "not to quit") in exchange for the bonus. Termination by the employer is self-defeating in the sense the employer himself made it impossible for the employee to fulfill the consideration that was expected from the employee. Therefore, the employer forfeits his entitlement to reimbursement.
In the event that the employee met the condition of "30 days of employment with xxxxx", he would be entitled to the remaining $7,000 as well.
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
Virginia employer terminated employee and wants signing bonus returned
Can the employer legally keep his last check and send the employee a bill for the remainder ?
No, unless (1) the employee resigned and (2) his resignation does not amount to constructive termination. The employer may withhold the remaining $7,000 only if the employee did not meet the condition of "30 days of employment with xxxxx".
Absent any language to the contrary, the requirement of "1-year commitment" is to be construed as the consideration expected from the employee (namely, "not to quit") in exchange for the bonus. Termination by the employer is self-defeating in the sense the employer himself made it impossible for the employee to fulfill the consideration that was expected from the employee. Therefore, the employer forfeits his entitlement to reimbursement.
In the event that the employee met the condition of "30 days of employment with xxxxx", he would be entitled to the remaining $7,000 as well.
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
answered 4 hours ago
Iñaki ViggersIñaki Viggers
8,66821026
8,66821026
add a comment |
add a comment |
Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different.
However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may want to do so before sending a communication insisting that your final payceck be paid in full.
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
add a comment |
Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different.
However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may want to do so before sending a communication insisting that your final payceck be paid in full.
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
add a comment |
Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different.
However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may want to do so before sending a communication insisting that your final payceck be paid in full.
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
Since the employee made a 1-year commitment, and did not quit within the year, I see no justification for the claw-back of the signing bonus. If the letter had said "you must remain employed for one year or the bonus will be repaid" that would be different.
However, before seriously considering a suit, you will want to consult an emplyment lawyer. You may want to do so before sending a communication insisting that your final payceck be paid in full.
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
answered 4 hours ago
David SiegelDavid Siegel
12.4k2347
12.4k2347
add a comment |
add a comment |
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Was there any other language about the 'bonus" in the letter or in any contract of employment?
– David Siegel
5 hours ago
That was the paragraph pertaining to the signing bonus. It appears to be very simple. At-will employee was involuntarily terminated.
– jlo-gmail
5 hours ago