What are my rights if I resigned my position and have a relocation that I have to pay back but there were 2 other managers that resigned and did not have to re-pay?

How is that fair to me that I have to pay mine back and they do not?

Asked on April 2, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Fair and legal are two completely different things. If you were obligated to repay the relocation, that's all that matters--it does not matter if other managers were not required to, the same way that if you are speeding, you can get a speeding ticket even if there were another dozen cars around you going equally fast which were not ticketed. Each person's legal obligations are reviewed separately.

The only exception would be if you can show that you are being treated differently specifically because of a protected characteristic, such as your race, religion, age over 40, disability status, or gender: employers may not discriminate because of those characteristics. So if, for example, you are the only African American manager or the only woman, and the other are are white males, that may (not definitely does--may, in that it's enough to raise a claim to investigate) signify illegal discrmination. If you think that is the case, speak with an employment attorney in detail about the situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.