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AR15.COM
10/29/2008 9:37:37 AM EDT
I need some advice here.  My employer recently transfered me from Nebraska to Nevada.  To keep the story short, a large majority of the promises made on the front end, have not been kept.

The wording in my relocation agreement is as follows:

"...Please understand all moneys paid to you or on your behalf by X company as relocation expenses are considered to be a loan or advance for two years after your start date.  In the event you should voluntarily terminate your employent with X company before completing two years of service after relocating, you authorize X company to obtain a pro-rata repayment of this load / advance by deduction from your wages....etc..."

I was never presented with a promisory note of any kind indicating the exact dollar amount.  I know both Nevada and Nebraska are both considered "at-will employment" states; and it has been established via court ruling, an employee cannot be held to any employment agreement / contract for a "mandatory" amount of employment.

Now the question, what remedies are available to me should I choose to leave the company?  Would my best bet be to have another job in the bag and then get terminated from my current employment - or due to the lack of a promisory note and the "at-will" arguement, am I covered.

Thoughts?  Suggestions?  Advice?

Thanks in advance...
10/29/2008 10:43:48 AM EDT
[#1]
If I read that right, they are saying you don't have to pay back moving expenses if you stay at the new location for at least 2 years. I'm at an overseas "at will" contract job now and I'm in the same boat.

Did you sign something agreeing to that?

Worse case scenario, when you give your 2 weeks notice before the 2 year mark, they will collect any moving expenses from your last pay check.

Doument anywhere they company has not kept up with any promises. Get names and dates of who said what and get it in writing if possible. I just ran into the same issue with the company I was working for.

Never hurts to call a lawyer as well.
10/29/2008 4:18:48 PM EDT
[#2]
Check with a local employment law attorney in your state.  Such an agreement may or may not be enforcable.
10/30/2008 4:24:04 AM EDT
[#3]
A good attorney may be able to get you out of having to repay the relo expenses IF you can demonstrate that the emloyer misled you, or reniged on promises.

But in the end, you'll probably have to pay the atty about as much as the company will want for the relo.

But you could alsways seek a consultation... can't hurt to discuss it.   But have all your facts well documented before you go for your initial consultation... make best use of that first meeting, it will be the cheapest one.