Relocation Agreement

[ymd]

What is the name of your state? : California.

I relocated within my company moving from East coast to west coast. My company paid for the relocation. In my offer letter it states that if I terminate my employment within 1 year I have to repay 100% of the relocation costs and if I terminate employment between 1 and 2 years, I have to pay 50% of the costs. However, the department that took care of my relocation made me sign a relocation agreement that states that I have to pay 100% back only if I terminate my employment within 6 months and 50% if I do so between 6 months and 1 year.

It is now 1 year and 10 months since I relocated. I have interviewed with another employer and the prospect of an offer seems strong.

I have the following questions. I hope someone can help me.

1. Which of the two agreements I signed regarding relocation repayments would be valid? I am hoping it is only the later (1 year) and not the former (2 year).
2. The agreement of one year is of a later date than the offer letter of 2 years employment requirement. My understanding is that if there are 2 agreements then the one of a later date supersedes all other previous agreements. Will this be true in the present case?
3. If I want to avoid all confusion about repayment of relocation, would it be wise to negotiate a joining date with the new employer that unequivocally satisfies both the relocation agreements?
4. If the new employer cannot wait that long and my present employer insists that I pay 50% of the relocation, what should I do? Should I argue that I have satisfied the relocation requirements based on the 2nd letter or try to negotiate a lower amount and avoid legal hassle? I would like to quit my present position in the best of terms and not burn bridges.

I will greatly appreciate any advice or help in this matter.

 

[Zigner]

An offer letter is not a contract. It seems to me that your signed relocation agreement would be the controlling document. You may wish to run this by a local employment law attorney.

 

[ymd]

Thank you very much for your opinion that the signed relocation agreement is the controlling document. If this is true, then I should be free and clear of the relocation repayment requirement.

Could you please suggest how I can find a reliable and knowledgeable local attorney who can answer my question? I have never dealt with any attorney before.

An offer letter is not a contract. It seems to me that your signed relocation agreement would be the controlling document. You may wish to run this by a local employment law attorney.

 

[cbg]

You can contact your local Legal Aid, your state Bar association, or any law schools in your area for referrals.

 

[Zigner]

Thank you very much for your opinion that the signed relocation agreement is the controlling document. If this is true, then I should be free and clear of the relocation repayment requirement.

Could you please suggest how I can find a reliable and knowledgeable local attorney who can answer my question? I have never dealt with any attorney before.

I'm sorry, but we don't do attorney referrals here. I would suggest using your favorite search engine and picking 2 or 3, then going in person for an initial interview.

 

[ymd]

Thank you for your advice. I will check them out.

Everyone who replied has been most helpful. Thank you to all for the help.

You can contact your local Legal Aid, your state Bar association, or any law schools in your area for referrals.