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Old 12-10-2011, 06:39 PM
 
Location: Chicago, IL
1,033 posts, read 2,498,770 times
Reputation: 659

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I am reading my employer's terms and rules. I saw this one condition for "Terms and Termination":

(d) I agree that in addition to any other legal and equitable remedies available to <Company> for violation of this Agreement, if <Company> terminates my employment for Cause, I will to the fullest extent permitted by applicable law and upon the written request on <Company> repay all bonuses that I received during the preceding 12 months.

Does this mean that if I quit and give a 2 weeks notice, will they make me pay back the bonus I received? I'm about to (supposedly) get a bonus soon and I'm not thinking of leaving (seriously) next year, but if it were to come to that, will I have to pay back the bonus I am about to receive at the end of this month?

Thanks!
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Old 12-10-2011, 06:42 PM
 
9,993 posts, read 17,097,688 times
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That clause only applies if you're fired ("terminated for cause"), not if you quit. There might be something else in there covering quitting though.
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Old 12-10-2011, 06:59 PM
 
78 posts, read 297,644 times
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I don't think that is legal. But in IL who knows, they don't abide in the constitution.
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Old 12-10-2011, 07:21 PM
 
Location: Chicago, IL
1,033 posts, read 2,498,770 times
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Quote:
Originally Posted by tex1901 View Post
I don't think that is legal. But in IL who knows, they don't abide in the constitution.
What isn't legal? Not understanding you here.
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Old 12-10-2011, 08:03 PM
 
Location: NJ
17,579 posts, read 43,167,355 times
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They aren't talking about quitting. And even if they were, I'm guessing they still wouldn't come after the money. It will cost more in legal fees.
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Old 12-10-2011, 09:08 PM
 
78 posts, read 297,644 times
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Quote:
Originally Posted by Caldus View Post
What isn't legal? Not understanding you here.
Repaying wages if the company terminates employment.
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Old 12-11-2011, 10:16 AM
 
1,771 posts, read 6,521,864 times
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Tex, a bonus is not considered wages. If you are on a bonus target and you leave the company before the bonus payout, there is no obligation for the company to track you down and give you the bonus.

OP, as others have said, that particular sentence addresses termination for cause. Unless there is other language that states a bonus must be repaid if you willingly leave the company within X months of a bonus payout, you should be fine.
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Old 12-11-2011, 10:31 AM
 
2,017 posts, read 5,342,972 times
Reputation: 1671
Quote:
Originally Posted by Caldus View Post
I am reading my employer's terms and rules. I saw this one condition for "Terms and Termination":

(d) I agree that in addition to any other legal and equitable remedies available to <Company> for violation of this Agreement, if <Company> terminates my employment for Cause, I will to the fullest extent permitted by applicable law and upon the written request on <Company> repay all bonuses that I received during the preceding 12 months.

Does this mean that if I quit and give a 2 weeks notice, will they make me pay back the bonus I received? I'm about to (supposedly) get a bonus soon and I'm not thinking of leaving (seriously) next year, but if it were to come to that, will I have to pay back the bonus I am about to receive at the end of this month?

Thanks!
No. If you quit you are not being terminated for cause.
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Old 12-11-2011, 05:34 PM
 
78 posts, read 297,644 times
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Quote:
Originally Posted by JTGJR View Post
Tex, a bonus is not considered wages. If you are on a bonus target and you leave the company before the bonus payout, there is no obligation for the company to track you down and give you the bonus.
.
Very True, I assumed the company required repayment of bonuses already paid out. I must have read the op post wrong.
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Old 12-11-2011, 10:49 PM
 
Location: under a bridge
580 posts, read 2,185,831 times
Reputation: 1035
I'm not a lawyer, but this doesn't sound legal to me. IMO once you receive a payment, it should be yours to keep. If they really feel the need to have you work a year after the payment before the money is really yours, why don't they pay you your bonus a year late? This would eliminate the need for repayment.
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