So,
Assume someone takes a job with a California-based company in California and is given a signing bonus with the clause that there is a minimum of one year of service required, and any voluntary departure means you must pay back that bonus. This is an at-will employment situation, and this was not a contract.
Is this enforcible under California law? Ignoring the ethical considerations - both parties are to blame to an extent - is this legally allowed? I only ask because I have been reading that such a signing bonus, when tied to a time commitment, is actually a kickback when in an at-will employment situation.
I am fully anticipating that the first five responses will be "talk to a lawyer" but I am interested if anyone has been in this type of situation. Obviously I will escalate the question to someone with more expertise but I would be interested if anyone had any input.
Thanks.
Assume someone takes a job with a California-based company in California and is given a signing bonus with the clause that there is a minimum of one year of service required, and any voluntary departure means you must pay back that bonus. This is an at-will employment situation, and this was not a contract.
Is this enforcible under California law? Ignoring the ethical considerations - both parties are to blame to an extent - is this legally allowed? I only ask because I have been reading that such a signing bonus, when tied to a time commitment, is actually a kickback when in an at-will employment situation.
I am fully anticipating that the first five responses will be "talk to a lawyer" but I am interested if anyone has been in this type of situation. Obviously I will escalate the question to someone with more expertise but I would be interested if anyone had any input.
Thanks.