Post # 1
So my current place of work has a part of my employment contract stating I need to pay back XXX amount of dollars if I quit before XXX date. Well, I did quit and put in my notice before the date, and I saved up to pay XXX amount. It’s a very shady part of my contract and one I would have disputed if I was in a position to do so at the time I took the job.
However, I’ve gone through my notice period, my paychecks have all been full, there has been no mention of collecting this money, everyone is advising me not to bring it up.
What I worry though, say they didn’t send me a bill a couple weeks after I leave, can they come back in a couple of months and ask for the money? A couple of years? Does that money need to sit in the bank indefinitely?
Post # 2
check with a lawyer in your area because the answer will depend on your local laws.
Post # 3
this stuff makes me nervous. I would bring it up because it shows you’re an honest person, you won’t be burning a bridge. Also, that’s just hanging over your head for as long as you still ave the money. I’m a firm believer in karma and it’s better to do the right thing than try and beat the system.
Post # 4
If be worried about them sending it to collections, ruining your credit. Id ask.
Post # 5
I don’t agree with what was in the contract. I’m not even sure if it’s legal, however I have requested legal advice on this matter before and the cost to get the contract looked at is almost 1/3 of the money I’d have to pay, which I’m not sure is worth it if the lawyer is just going to tell me theres nothing I can do.
The fee listed has nothing to do with me, and seems like a scare tactic to get employees not to quit. I’m not sure.
This is a good chunk of money here- it’s pay off our car loan money. I’d really rather not volunteer it if they aren’t going to collect it.
Post # 6
Can they do that without even allowing me to pay them directly?
Post # 7
You signed the contract.
Yes I would 100% bring it up. It’s not your money. If you don’t think they’ll notice that during taxes or something you’re crazy IMO.
Post # 8
Sooner or later, it’s always discovered. Is this a contract for everyone in the company? Have other people had the same terms for leaving?
It sounds like you’re leaving before your contract is up. Did you get a signing bonus when you started? Do you have to pay back the bonus if you leave before the time designated in your contract?
I would bring it up if it were me. You knew the terms of your contract and chose to leave before the time listed in your contract
Post # 9
Ooooh girl. If you think for one second you are going to skate by without them noticing, you’ve got another think coming.
I *believe* companies have to file quarterly with the IRS to be able to get the money back because taxes have been paid on the money (don’t quote me on this though).
I would put the money aside and not touch it because they will come back and ask for it.
Post # 10
A couple of my friends work in HR and at the company they work at, they request the payback of a sign on bonus (if the employee left before the terms of keeping that bonus were up) generally within a month of the employee leaving. They’ve had instances where an employee left only to return about a month later for whatever reason, so I think that’s why they wait a bit.
The money isn’t yours and it’s not illegal for a company to have you sign such a contract. You need to keep that money aside indefinitely.
Post # 11
I worked for a company that had something very similar in their contracts, if someone left before x date they had to pay x amount. I knew maybe 20 people who left before x date and they didn’t ask for the money from a single person, I think they included this in case someone seriously screwed them over and left for a rival company taking contacts with them etc, they never intended to follow through with it on anything but the most extreme circumstances. So I’d disagree with previous posters and not offer the money, I’d keep it aside for a year and if you haven’t heard from them in a year I’d assume you won’t have to pay it.
Post # 12
Well you clearly said in your first post that your contract says you would have to pay the money back, not that they would withhold money from you. I’m sure plenty of people quit without notice and don’t have several paychecks they can garnish from. So I’m not sure why you think them continuing to pay you your wages means you are in the clear to keep the money your contract says you have to pay back. My guess would also be that they likely contract their payroll department out and or your wages and the repayment of whatever it is this money was are two different departments.
So is this wages you have to pay back that you will end up not actually working to earn? Or was this some sort of a bonus like a signing bonus or moving expenses bonus or sales bonus that you had to complete your contract in order to keep? I mean either way whether you like the contract or not is moot. The time to not like it was before you signed it. So I would mention it and get real comfortable with the idea that it is not money you actually have in your possession because you’re kidding yourself if you think they won’t eventually come after it.
Post # 13
Why would you even consider trying to get away with it? That shows how dishonest you are. They could come back for it at any time. Plus, they may be able to tell your future employers about it depending on where you live. Ask them about it. If they say they don’t want it, have them send an email stating that so you have it in writing.
Post # 14
My company has a similar policy (for signing bonsues) – I’ve almsot never heard of them actually collecting on it in normal situations. The only times I’ve heard them going after it is if the person leaves super soon after starting, but if they’re close to the date their leaving (like within 6 months) then they typically let it slide.
However, you need to ask about it. Likely the response will be “we will not be acting on that clause” and then you have it in writing and can spend the money worry-free!
Post # 15
I disagree as well. Let them bill you for it. Just put the money aside for now.