What are my rights if I resigned my position and have a relocation that I have to pay back but there were 2 other managers that resigned and did not have to re-pay?
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What are my rights if I resigned my position and have a relocation that I have to pay back but there were 2 other managers that resigned and did not have to re-pay?
How is that fair to me that I have to pay mine back and they do not?
Asked on April 2, 2015 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Fair and legal are two completely different things. If you were obligated to repay the relocation, that's all that matters--it does not matter if other managers were not required to, the same way that if you are speeding, you can get a speeding ticket even if there were another dozen cars around you going equally fast which were not ticketed. Each person's legal obligations are reviewed separately.
The only exception would be if you can show that you are being treated differently specifically because of a protected characteristic, such as your race, religion, age over 40, disability status, or gender: employers may not discriminate because of those characteristics. So if, for example, you are the only African American manager or the only woman, and the other are are white males, that may (not definitely does--may, in that it's enough to raise a claim to investigate) signify illegal discrmination. If you think that is the case, speak with an employment attorney in detail about the situation.
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