Is my husband liable to repay relocation costs if he left his job after 1 year which is what the proposal and offer letter stated?

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Is my husband liable to repay relocation costs if he left his job after 1 year which is what the proposal and offer letter stated?

We were relocated by my husband’s previous employer. The proposal and or offer letter stated that if he resigned or was terminated within the first year, that he would be held responsible to repay the full relocation costs. He resigned weeks after his 1 year anniversary. So, is he responsible to repay for our relocation?

Asked on August 5, 2017 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The problem is, your husband voluntarily agreed to pay--he signed a promissory note for the money. If he had not done so, they could not require you to pay if he resigned after that critical one-year time period. But in voluntarily signing the note--and in the law's eyes, it *was* voluntary, since he could have freely refused to pay and they could have done nothing about that--he contractually obligated himself to pay. Therefore, the siging of the note very likely makes you responsible for the money, even though you would not otherwise have been.


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