How long should I hold on to the money?

posted 4 months ago in Finances
Post # 46
Member
550 posts
Busy bee
  • Wedding: October 2015 - Fairmont Banff Springs Hotel

otterbee :   sunburn :  I’m with you guys. Why would you volunteer to pay that?! I might not fight it if they bill me for it but I sure as shit am not going oto volunteer it. And I literally just went through the same situation: my previous place of employment offered me some maternity leave top up payments with the understanding that I would have to pay them back if I left before 2 years (after coming back to work). I left at 1 year and 9 months and I was TERRIFIED that they were going to come after me for the rest but I left on great terms – I didn’t volunteer and they didn’t ask. If I were you, I would keep that money aside for one month and if you don’t hear anything I think you are in the clear. Good luck!

Post # 47
Member
320 posts
Helper bee

OP, you’re being super vague.  Why don’t you just type out what the contract provision says, tell us what country/state you are in, and let people give you better advice.  If you are in the US, liquidated damages in an employment contract for a non-executive employee are going to almost always be unenforceable (and, depending on the state, may actually subject the employer to liability).  If, however, it’s “paying back” money (either paid to you or paid to a third party for your benefit), such as relocation costs, a sign on bonus, educational costs, or something else, it may be enforceable so long as it’s reasonable.  

Post # 48
Member
550 posts
Busy bee
  • Wedding: October 2015 - Fairmont Banff Springs Hotel

sandiegobee :  She did in an earlier message (I believe on page 2)

Post # 50
Member
517 posts
Busy bee
  • Wedding: October 2019

I have friends that have such language in their contracts. If they left the company before a certain time period they had to pay X amount. It was essentially what it cost the company to find and train them, several thousand dollars. This was a huge international bank in the US so I assume it is very much legal! And yes, my friend did leave and ended up paying it. Just don’t leave till the time period has expired.

In this case the amount in the contract you signed is equivelent to the amount they paid a recruiting company to find you. But that is completely irrelevant.

Post # 51
Member
458 posts
Helper bee
  • Wedding: April 2018

otterbee :  I’m not quite sure what answer you want here.

You signed a contract, and you aren’t sure if the contract terms are legal or not.  Forget about “how long to keep the money for”.  Either it’s legal and you need to pay the money back, or it’s illegal and you get to keep the money. 

So either do research pertaining to your country/state to figure it out, or if you can’t figure it out yourself, save up and pay for a lawyer to check it out. 

My country has a lot of free resources to assist in these matters, such as the “fair work ombudsmen”.  If you have something similar to you, maybe start there. 

Post # 53
Member
661 posts
Busy bee

Do you have a labour regulations board or something similar in your jurisdiction? I’m in B.C. and this is exactly the kind of thing I would call our labour board for, way before I hired a lawyer. They probably have a very simple answer for you and it won’t cost a thing.

I know through my own experience in HR and management that where I live, that clause would absolutely not be enforceable. 

Do not volunteer to pay or ask management about it. Leave it them to try to ask you for it. Chances are they won’t, and possibly because they don’t have a leg to stand on legally. 

Post # 54
Member
7901 posts
Bumble Beekeeper

otterbee :  I find it odd that YOU would have to pay it back. Whenever I’ve hired through recruiters the contract states that the head hunter has to give back the fee if a person leaves before a certain time (usually with milestones for partial repayment).

And don’t assume that just because some other big company had that policy means it is legal. That’s not how it works. If big companies always followed labor laws then employment lawyers would be out of a job! 

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