Legal Question in Business Law in Massachusetts

live and work in MA

I signed a promissory note saying I would pay back 7,500 in tuition if I left on my own within 1 year. I have a good job and every intention of staying. Then 2 months ago my team was told that the whole team- 25 people- would all be losing our jobs and our work was being moved offshore. We were told we'd be let go in phases and that we'd receive at least 30 days notice, more if possible. We all scrambled to find other jobs in the company but becasue we're downsizing all over, all hiring is on hold. So many of us have looked elsewhere and I just found a new job and gave notice. This is the exact working in the promissory note I signed- .

I hereby promise that in the event that I voluntarily resign or I am terminated within one year (365 days) of the date of each reimbursement, for any reason other than a layoff, workforce reduction, long term disability, or death I will pay to the Company at its office at XXXXXXXXXXXXXX

Basically, 2 months ago my team was told we're all being let go, just not the exact date. In this instance, what constitutes notice? Was it when they told me we were being let go, or would I have to wait until they actually gave me a piece of paper with my final date? The wording in the promissory note is vague and I'm planning to make the argument that they eliminated my job and are sending it away and they told me as such and that's notice enough for me. Do I have any legal standing if they decide to pursue in court?


Asked on 8/13/14, 10:17 am

1 Answer from Attorneys

The company gave you a lay-off notice and you found a new job, I think you have a good defense to the terms of the note. They informed you, that your work was being transferred to another country, and that you would be laid-off at some point within a year. They did not ask you not to look for work elsewhere or to stay pending your lay-off period.

They might not give you severance, but I think you complied with the intent of the note and the agreement.

Good Luck.

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Answered on 8/13/14, 10:33 am


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