When does statute of limitations expirefor a sign-on bonus?

UPDATED: Apr 1, 2011

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: Apr 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When does statute of limitations expirefor a sign-on bonus?

Contract for a sign-on bonus was signed in 2005. Was supposed to stay for 1 year; left job after 6 months (in 2006). Ignored requests to pay money back as I didn’t have it at the time. Recently debt collection agency has called about sign-on repayment. It’s been 6 years since I signed the contract; 4 years and 10 months since I “broke” the agreement by leaving. If I stall them for 2 more months, doesn’t the FL statute of limitations expire (5 years for written contract from time “agreement was broken”)?

Asked on April 1, 2011 under Bankruptcy Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have stated the FL statute of limitations correctly. However, matters are not quite as clear cut as you indicate. While the law does require creditors and plaintiffs to not "sleep on their rights" and commenced an action within the appropriate time frame, the law does not let a potential defendant profit by his or her own wrongdoing. So, for example, if you "stall" by promising to repay and either making a repayment offer which is accepted or entering into an agreement to repay, then breach that agreement, the statute would start running anew from the new breach. Or if you put them off by negotiations made in bad faith, a court would probably construe that the running of the statute was "tolled," or held in abeyance, for the period you were engaged in bad faith negotiatins--again, so you would not profit from your bad faith.

On the other hand, if you just don't respond to them or duck phone calls, then if they failed to actually instigate the suit in time, you may have a good SOL defense. You're not required to cooperate with them, just to not act in a deceptive or improper fashion.

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