If I have a signing bonus paid out at the end of each year of a 3 year contract but resign before the end of the contract, can the employer make me pay back the portion of the bonus that I have not yet received?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a signing bonus paid out at the end of each year of a 3 year contract but resign before the end of the contract, can the employer make me pay back the portion of the bonus that I have not yet received?
For example I am paid a upfront bonus of x and then received y at the end of each year for 3 years. If I have not received the y for the last 2 years, can they require me to repay that amount?
Asked on August 8, 2015 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
There is no general answer to your question, since requiring repayment would be legal, as would be not requiring repayment--it depends entirely on the terms of the bonus agreement (i.e. on what was agreed to between you and your employer). You should review the specific terms of the agreement with an employment law attorney to understand your rights and obligations. That said, generally, if the agreement does not mention or call for repayment, there generally would be no repayment: typically, an obligation to repay money must be spelled out. Again, though, review the agreement in detail with a lawyer.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
There is no general answer to your question, since requiring repayment would be legal, as would be not requiring repayment--it depends entirely on the terms of the bonus agreement (i.e. on what was agreed to between you and your employer). You should review the specific terms of the agreement with an employment law attorney to understand your rights and obligations. That said, generally, if the agreement does not mention or call for repayment, there generally would be no repayment: typically, an obligation to repay money must be spelled out. Again, though, review the agreement in detail with a lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.