What are my options for not paying back a sign-on bonus?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my options for not paying back a sign-on bonus?

I was paid a sign on bonus. In the offer letter it stated if I leave before 12 months, I would owe back a pro-rated portion. I left after 6 months. The company has garnished my last paycheck, and given me roughly a month to pay back the remaining portion. I do not recall signing anything stating that I agree to pay back anything. I do have the money so I can pay it back but frankly I gave enough of my life to that company in those 6 months I just don’t want to repay them. Do I have any option for refusal to repay?

Asked on June 16, 2017 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the offer letter stated that you would repay the bonus pro rata if you left before 12 months, then by accepting the job and bonus with knowledge of that condition or obligation, you would be held to have consented or agreed to it and are required to repay the appropriate amount (presumably 50%). An enforceable agreement can be formed without a signature, by actions which show consent or agreement to the terms. Accepting payment when told you'd have to repay it under certain conditions, for example, creates an agreement to repay under those circumstances. You appear to have to repay the appropriate percentage of the bonus.


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 with SHA-256 Encryption