Legal Question in Employment Law in California

I have resigned prior to my one year contract as how the job was described to me during the hiring process was significantly different, even with new management after I accepted but before I arrived. Now, they're seeking the relocation costs back, and it shows in the form I've worked 95 days, which is how they prorate it. In reality, I have worked 131 days including every holiday and will work Christmas and New Years, however, they say that as a salaried employee, the amount of hours/days doesn't matter, and it is only for the 95 days (based on a Monday-Friday work week). It doesn't seem right, is there anything I can do? They simply say no, pay that amount back.

Asked on 12/21/12, 4:35 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

You need to have a short consultation with a labor lawyer to discuss this. It should cost you no more than an hour of the lawyer's time to get a sense of your rights here.

The terms of your contract will specify the conditions under which you are contractually obligated to repay the relocation costs. Your question cannot be answered without reviewing the contract. There also isn't enough information to analyze the number of days you have worked, for purposes of relocation costs.

You may have a claim in promissory estoppel, given the significant changes in the job between the time you accepted and the time you arrived. Again, it is not possible to tell.

I would be happy to discuss this with you in greater detail if you like. Please do not hesitate to contact me if you have any questions, or if I can be of any further assistance to you.

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Answered on 12/22/12, 12:53 am

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