QUESTION

Can an employer ask for a signing bonus back?

Asked on Jun 20th, 2017 on Employment Contracts - Minnesota
More details to this question:
I was employed by a company that had a signing bonus attached to the beginning salary. It stated 'By accepting this offer letter, you agree to repay Honeywell this amount, in full, if you resign your employment before completing 12 months of service with the Company.' i stayed at the company for one year and 3 days. Are they allowed to request the bonus back even though it is clearly past the year mark in the contract that I accepted?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your employer can ask for anything it wants, but based on the facts you've recited in your question, it doesn't appear as if you have any obligation to comply.  Of course, it is never that simple.  Literally read, it could mean that you agree to repay if you resign less than a year after starting employment, even if you continue to be employed, for example, if you give 2 weeks notice - if the notice was provided less than a year after beginning employment, it may fall within the terms of the repayment provision.  Also, it says "provide a year of services", which I would take to mean a year from the date you first start work, not a year from when you accept the offer.
Answered on Jun 21st, 2017 at 10:41 AM

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