3 ms·
IANAL, and this is my 2 cents. Get a good labor lawyer. 1. Did your sign-on bonus state that you had to stay a certain time to keep it. If not, don't give it
by loumf 12y ago
IANAL, and this is my 2 cents. Get a good labor lawyer.
1. Did your sign-on bonus state that you had to stay a certain time to keep it. If not, don't give it back. They are hostile (and have already taken hostile actions) and haven't earned consideration. Any payment from you should come with them signing an onerous agreement.
2. If you have to give it back by contractual obligation, then pay the whole amount. You get the tax that was withheld by the IRS when you file. If cash is an issue, tell them you'll send the rest when it's refunded.
3. If they do anything to hurt you, you will be able to sue them for damages. Don't retaliate by naming/shaming/defaming them. Collect as much evidence as possible about whatever they decide to do and just have a lawyer write a letter. Say little to nothing publicly.
4. They are within their rights not to give you a good recommendation. You should not refer anyone to them.
5. I strongly doubt anyone will care what they have to say about you.
6. CA has employee-friendly non-compete. You can't use their secret information, but you can work for a competitor.
7. Quitting after receiving a performance bonus is so commonplace that it's boring. The entire NYC financial and legal industry basically plans their annual personnel strategy around it.
- sriram_sun 12y agoTo address point 7., My performance "award" was just an "employee of the month" style photo on the HR wall and a gift card for a decent dinner (not a performance bonus).
- _random_ 12y agoThat alone should be enough to leave :).
- slantedview 12y agoAgree with #1 completely. As for everything else, I'm not sure you have much to be worried about until something actually happens.
- jotux 12y ago>They are within their rights not to give you a good recommendation. In California, when it comes to past employee recommendations, employers are protected if a statements are based on "credible evidence and made without malice." So yes they can give a bad recommendation but if it's bad just because they're upset it could be considered defamation.
- loumf 12y agoI'm only saying they don't have to give a good recommendation. If you send someone to a former boss, and they are neutral, it will be read as a bad recommendation.
- tptacek 12y agoThe boilerplate standard signing bonus is recoupable if the employee leaves within a year. You're right that he should make sure that's the case for his own bonus, but it's more likely than not that he has to return it.
- sriram_sun 12y agoYes. That was part of the contract. I do have to return it if I quit within a year
- jaf656s 12y agoWas it prorated? All of the signing bonuses I have received have been.
- sriram_sun 12y agoUnfortunately no. Lesson Learned there.
- deleted 12y ago[deleted]