QUESTION
Can employer request I repay the severance package to return to work for them if the contact does not state repayment?
Asked on Jan 08th, 2015 on Employment Contracts - South Carolina
More details to this question:
i signed a severance agreement with an employer that does not state anything about repayment. They have offered me a position after my employment has ended. They want to put in the offer letter that I am required to repay the severance money to accept the new position which is a much lower pay and requires relocation. Is this considered legal since it is not in the original document? Can I negotiate the repayment amount?
1 ANSWER
It doesn't state in the original contract that you have to repay the severance compensation, but it also doesn't say that you will be employed at a different position. Your former employer is doing something it is not obligated to do - offering you a new position. It has every right to condition that offer on you doing something for it - for example, requiring that you acquire additional training or, in this case, that you repay your severance package. However, of course you can negotiate the amount, or any other term, until and unless you have reached an agreement.
Answered on Jan 08th, 2015 at 3:15 PM