Hello. In May 2007, I accepted an offer of employment from a company hq in Illinois. I started working for them in Sep 2007 in California. One of the terms of the offer was a onetime bonus that I'd have to repay in part if I quit or were to be fired with or without cause within a year of joining. I was fired in June 2008. At the time of termination, no reference was made to any repayment due from me for the prorated sign on bonus. In Jan 2011, I received a letter from their internal collections department asking me to repay the prorated sign on bonus. Is the request valid since more than 2 years have passed since termination? Do I have to pay them?
Do you have to pay?
Of course not.
You don't have to do anything.
However, for refusing to do some things, consequences could follow.
They'll have to sue you, to TRY and enforce what they believe their rights are.
Take a look at this:
California Statutes of Limitation
Written agreements: 4 years, calculated from the date of breach.
Oral agreements: 2 years.
The statute of limitation is stopped only if the debtor makes a payment on the account after the expiration of the applicable limitations period.
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Illinois Statutes of Limitation
Breach of contract for sale under the UCC: 4 years.
Open account or unwritten contract: 5 years. NOTE: Except, as provided in 810 ILCS 5/2- 725 (UCC), actions based on a written contract must be filed within 10 years, but if a payment or new written promise to pay is in made during the 10 year period, then the action may be commenced within 10 years after the date of the payment or promise to pay.
Domestic judgments: 20 years, but can be renewed during that 20-year period.
Foreign judgments are the same time as allowed by the laws of the foreign jurisdiction.
Tolling: A person's absence from the state or during the time that an action is stayed by injunction, court order or by statutory prohibition tolls the time limit.
Non Sufficient Funds (NSF or Payment of Negotiable Instruments) checks: 3 years of the dishonor of the draft or 10 years after the date of the draft, whichever expired first: 810 ILCS 5/3-118
http://www.fair-debt-collection.com/SOL-by-State.html#5
