Legal Question in Employment Law in California
My company in California relocated me from the East Coast approximately seven months ago. I signed a standard one-year repayment agreement, but there is a clause in the agreement that has caught my attention:
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I understand I continue to have a relocation repayment obligation regarding relocation assistance expense reimbursements, miscellaneous relocation lump sum payments and relocation expenses paid directly by the company on my behalf, in the event I leave the company within one (1) year from the effective date of transfer or hire, unless I am transferred at the request of the company. I understand and agree that if I voluntarily terminate my employment with the company, or if I am terminated for cause prior to the expiration of the one-(1) year period, I must repay 100% of all relocation expenses previously paid or reimbursed to me or paid on my behalf by the company.
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Two months into my position (let's say in Department ABC), I was transferred to another department (let's call it Department DEF). This transfer is documented in my employment record.
My question is, does that transfer release me from the repayment obligation under the terms quoted above?
2 Answers from Attorneys
No. It means a physical transfer, i.e., they move you to another location that requires a further move of residence.
Do you still have a job at that company??
No. They get to decide where, when and how you work to earn your salary.
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