Legal Question in Employment Law in Florida

Termination before leaving/repayment of relocaton fees

Given money for relocation from another state - did not sign any agreement. Verbal agreement for repayment only and not for any specific time. Leaving after 3 months due to many reasons - tried to be professonal - gave 30 day notice - fired one day before last day of work - do I still owe relocation fee?


Asked on 1/01/07, 9:51 am

1 Answer from Attorneys

Re: Termination before leaving/repayment of relocaton fees

It depends on exactly what the verbal agreement was, and how much money is involved. Most times, repayment agreements are not valid if you are fired. So, since they fired you prior to your resignation day, you could possibly argue this, unless the agreement specifically said you had to repay regardless of the reason for separation.

Also, the verbal agreement may not be valid (due to a contract law called the statute of frauds which syas that certain agreements must be in writing). If it is not, then the employer would have to argue that they are entitled to equitable relief, rather than contract relief, because of losses due to your leaving without repaying. That would be up to a judge but you would have a good chance of prevailing given that the contract was not in writing to begin with, so the employer did not think enough of their potential damages to take the time to reduce the agreement to writing. In other words, if it wasn't that important, how bad could their damages be?

On these limited facts, you do not seem to have an obligation to do anything. If the employer withholds pay (illegal - there is no agreement to do that so they must pay for work performed - otherwise they are in breach of contract), or makes a demand for repayment, you can negotiate at that point.

If you need an attorney to review the matter and advise for a small fee, or negotiate (mopre time-consuming adn costly) please email to me directly.

Otherwise, good luck and happy New Year!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situaiton. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.

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Answered on 1/01/07, 2:42 pm


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