Legal Question in Employment Law in California
repayment of sign on bonus and restating W2
I received a sign on bonus before starting at a company last year. The stipulation was that I had to stay on for 1 year or repay the bonus. The wording doesnt explicitly state FULL or PRO-RATED bonus. I left for another job 2 weeks prior to my 1 year anniversary. Two questions:
1) Do I have a legal leg to stand on with regarg to a PRO RATED repayment?
2) If not, do they need to provide me with a W2 restated earnings so I can recoop the taxes I paid on it?
1 Answer from Attorneys
Re: repayment of sign on bonus and restating W2
Insufficient facts on which to base an opinion. Once an attorney reviews all the docs and facts, he can give you an opinion, but it won't be binding on the employer. Whatever they chose to do, or not do, determines what you'll have to do. If the agreement doesn't say pro-rated, then the parties can argue their positions in court. That's what happens when people do 'brain surgery self-taught' and create their own legal documents without understanding all the terms needed in one. It's always cheaper to get legal help up front, rather than pay huge litigation expenses later. Feel free to contact me if you get serious about legal help now, if the case is in SoCal. It may be possible to negotiate your way out of this problem, with the help of counsel.
Talk to a tax expert to determine what to request the company do about W-2.
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