Legal Question in Employment Law in Florida
Recieved bonus and now leaving employment
I work for the 11th largest bank in the country. In may of last year I went into their manager training program. It was verbally communicated to me that at the end of the program I would receive a bonus a pay raise and placement into a managment position, It was also verbally stated that if I left the bank within one year I would have to pay back the bonus ($7,000). II finished the program in Nov and received the bonus in Dec. I am leaving the bank, I never signed an agreement stating that I would pay it back, nor was anything presented for me to sign, they are stating I have to pay back the money. I said that they did not have me sign anything stating this. HR said that it was verbally communicated and it is in 'notes' of the person that hired me (no longer with bank either) and that is what the program is. Am I liable?
3 Answers from Attorneys
Re: Recieved bonus and now leaving employment
This service was not meant to advise you how to lie. The statute of frauds does not apply to your case, and therefore your verbal agreement to pay back the money is enforceable by the bank to recover the money back. Secondly, by your own admission, you agreed to pay back the money. Therefore, either stay at your job for the required time, or pay them back the $7,000.00!
Re: Recieved bonus and now leaving employment
There may or may not be an enforceable agreement, such that you may not be legally required to pay back the monies which you've received. However, it is important that you formally consult with an attorney immediately to learn what your rights are.
Re: Recieved bonus and now leaving employment
As with many legal issues, this is not black and white. Many contracts can be verbal, so yours does not necessarily need to be written. However, there is something called the statute of frauds which does require that certain contracts be in writing to be enforceable, including those over a certain amount of money. On the other hand, if yours is not enforceable, the company could still sue you for unjust enrichment or even detrimental reliance, which are quasi-contractual laws of equity (fairness) that keep people from taking advantage of each other.
There are also practical consideraitons. The company might give bad references to potential employers that contact them, or cause other difficulty for you.
To get legal advice on the contract issue, I believe your best bet is to hire an attorney who will review the matter thoroughly and give you an opinion based on state law. But your strategy should be built on the entire situation, including whether you will need anything from the company in the future, including references. An attorney could negotiate with the company for you, to find a compromise or at least address these issues.
If you feel the need to hire someone, feel free to email directly for further information.
Jeff Sheldon
The Sheldon Law Firm
Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.
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