Legal Question in Employment Law in Florida
Relocation Repayment
I took a new job in Florida in Oct '05. I accepted relocation assistance in the amount of about $75K to move my family from New York to Florida. My repayment agreement states the following:
�If within one year of the relocation or one year of beginning employment with the Company whichever is later, the Associate voluntarily terminates his or her employment with the Company or the Company terminates the employment of the Associate for cause, the Associate shall, within thirty (30) days of termination, repay the Company all Relocation Costs paid to or on behalf of the Associate (and/or Associate�s eligible household members). The Associate acknowledges that, to the extent permitted by law, the Company shall have the right to off set and deduct from any sums due the Associate any amounts due the Company pursuant to this Agreement.�
I began employment with the company in Oct of '05. I shipped my car and clothing to Florida prior to my start date, and moved into a corporate apartment within two weeks of my start date. I returned back to NY only three times before moving the family down to Florida in Feb '06. Is my �relocation� considered to be in Oct when I relocated or in Feb '06 when I got the family down in our new house
2 Answers from Attorneys
Re: Relocation Repayment
The way the contract is written is unclear as to when the employer considers as the date for purposes of relocation reimbursement. It could be argued to be the date you relocated to Florida and started your employment (October). You may wish to contact the human resource department of the company in order to seek clarification on the policy and what date they have the agreement terminating.
Re: Relocation Repayment
Since you began your employment in October but shipped some of your things BEFORE October, and since the agreement triggers the obligation running from, in this situation, when you started your employment, it seems like the 1 year provision began in Oct. 2005 . . . However, please consult with an attorney directly for formal advice and representation.