Legal Question in Credit and Debt Law in Illinois

Relocation Agreement Contract

I signed a 2 yr Relocation Repayment contract with a former employer. Terms - 100% must be repaid if I left in yr 1 and 50% in yr 2. The relo amount was $60k. I left the company after 21 (of 24) months. The company is asking me to pay $30,000 for the 3 months remaining. Several facts to consider:

-I was forced (politically) by my supervisor to take the job which required me to move.

-The HR dept said that I could not have the contract reviewed by an attorney.

-I did an outstanding job during my 21 months. Was told that I was the best ever in my position.

-We were forced to move 2 weeks after my wife gave birth and lived with relatives for 9 months waiting for our house to sell. During that time, I didn�t ask for reimbursement of temporary living expenses. They would have paid $25-30k for those 9 months.

-I am aware of others who have left the company without repaying. I am being singled out and discriminated against.

-I offered to remain on the job through the remaining 3 months of the contract. My offer was not accepted.

-I did not control the spending ($60k). They overpaid by 30%.

Do I have a defense? Should I negotiate? I have not been sued yet. Their attorney is threatening. Advise!

Asked on 1/18/01, 2:41 pm

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Relocation Agreement Contract

You may or may not be able to sucessfully defend, but I wouldn't negotiate until you are sued. They may never sue you. Hire an attorney, and have their attorney contact your attorney directly. Call me if you want further information. Larry Stein (630) 221-1755.

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Answered on 2/13/01, 4:51 pm
Tim Elliott Elliott Law Firm, L.C., Attorneys At Law

Re: Relocation Agreement Contract

I basically agree with Larry Stein's reply, but obviously, would need to review the Relocation Agreement before I could provide an opinion on the viability of your defenses. If you need a Kansas attorney, please call me at 913 491-2855.

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Answered on 2/13/01, 6:03 pm

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