What are my rights if I just resigned from my job to accept a new position?

I had a contract with my former employer. In that contract there were some performance details. I met all these standards and left the position in good standing. Now, as penalty for resigning from my position, they want me to repay 3 months salary. I make $40,000 as a college golf coach. The performance details in my contract were for recruiting a certain number of players and not going over budget. I performed to the details In the contract. In fact my budget and fundraising exceed expectations and I recruited more players than required. Now they want me to pay 3 months salary for resigning.

Is this legal for them to make me pay 3 months salary as a penalty for resigning?

Asked on August 28, 2015 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you had a contract, you would only have to repay them under the circumstances, if any, in the contract requiring repayment. If nothing in the contract requires repayment in this situation, they have no grounds to recover the salary from you, because the law more generally does not require repayment of salary when an employee resigns--the only possible source for an obligation to repay would be the contract, and if there is no obligation to repay in the contract, then there would not requirement to pay them.


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