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

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption