t**********5
发帖数: 3 | 1 Due to family reason, I have to quit my current job within one year since
start date. I copied the paragraph related to sign-on bonus from my offer
leter and did not make any changes. Based on the terms, do I need to repay
the sign-on award? Many thanks and waiting for the reply online.
Sign-On Cash Award:
You will receive a cash payment in the amount of $15,000.00 as a sign-on
award if you accept our offer (the “Cash Sign-On Award”). The Cash Sign-On
Award will be paid to you as soon as practicable after your start date;
however the Cash Sign-On Award will not be paid if, before the date of
payment, you resign (or give notice of your resignation) or your employment
terminates for any reason other than job elimination (as defined by the XXX
Separation Pay Plan then in effect).
If you resign (or give notice of your resignation) or your employment
terminates for any reason other than job elimination (as defined by the XXX
Separation Pay Plan then in effect) within 1 of your start date, you agree
to promptly repay the pre-tax amount of the Cash Sign-On Award within thirty
(30) days of you resignation or termination date. You acknowledge and agree
that the Cash Sign-On Award does not constitute wages or earned
compensation of any kind, and that by accepting this offer and signing below
, you expressly authorize XXX to deduct any amounts owned pursuant to this
paragraph from any account that you maintain with XXX, or from any
commission or other compensation payments (other than salary) owned to you
by XXX (where permissible by law). If this is not sufficient, then you shall
repay the outstanding amount by check. You further agree to pay XXX for all
expenses it incurs, including attorney’s fees, in connection with the
collection of any payment due under this paragraph. | t**i
发帖数: 688 | 2 "If you resign (or give notice of your resignation) or your employment
terminates for any reason other than job elimination (as defined by the XXX
Separation Pay Plan then in effect) within 1 of your start date, ..."
(1) What does XXX Separation Pay Plan say on resignation due to family
reason? What reason of resignation did/do you state in your resignation
letter? Although you want to quit due to family reason, if it happens that
XXX is undergoing layoffs, then you may make efforts to be subject to
layoffs, thus avoid repaying the sign-on bonus. It could be tricky to
handle, be thoughtful about this, its pro and con, and its feasibility at
all, before taking actions.
(2) "within 1 of your start date": I assume it means "within 1 year of your
start date". However, if what you posted is the original text, since the "
year" is missing, can you interpret it as "within 1 month of your start date
"? To use this argument, you need to pay attention whether other parts of
the document or other documents from XXX have clearly defined the one year
term with regards to sign-on bonus. IMHO, there would be an HR policy
document of XXX, other than your offer letter, covering the sign-on bonus
repayment issue. | t**********5
发帖数: 3 | 3 Thanks so much for 夏虫语冰's reply. Yes, within one of your start date is
the exact the offer letter described and I would like to use this typo to
argue. I could not find any part described the sigh-on bonus regarding to
the terms or period I must serve to the company. I will post the result if I
have any update or result recently. Other than that, I can not make my boss
layoff me since he is satisfied with my performance and I can not take the
risk of ruin my career for such $ 15000. |
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