In middle of transfer, then laid off...

[joeb1980]

Hi all,

About 4 months ago was offered a transfer from Southern California to the midwest. I accepted and received the first half of my moving allowance with the second half due after completing the move and submitting receipts. I was then laid off in the second week of June. I was offered a severance package and had to sign a contract. The contract mentioned nothing about the moving allowance being counted toward the severance. I just found out yesterday that they are indeed deducting that amount from the severance package. This is after doing tons of work to my house to try and get it sold.

Do you think I have a case here?

 

[jacksgal]

A case for what? Your employer can terminate employment "at will" long as it violates no law, cba or employment contract. Furthermore there is no law that requires a company pay severence or even offer it. The only real question here is what were the terms, if any, for your transfer and moving costs?

 

[joeb1980]

Maybe I didn't explain the problem clearly. The point that I am trying to make is that I signed a severance agreement with them that they would pay me "x" amount of dollars. This contract mentioned nothing of the first half of the moving expenses being counted towards this package. I spent quite a bit of money enhancing the appearance of my house to sell it in order to transfer with the job offer.

Are you saying that because they changed their mind, they legally have the right to deduct the moving money from the severance package?

 

[jacksgal]

Perhaps we have a misunderstanding. This is most important part of my post and a big factor in your answer. I said....

The only real question here is what were the terms, if any, for your transfer and moving costs?

They lost money also on moving expenses.

 

[joeb1980]

the terms were that i was being promoted to a larger territory, where they wanted a younger aggressive salesman. they agreed to give me "x" amount of money for the move, with the first half up front, the second half after the move was complete. i was forced to use the first half paying for renovations. now they are taking the money back from me by deducting it from the signed severance contract. in that contract, it specifically states that i am due "x" amount of money, not "x" amount of money less the moving allowance we gave you.

 

[jacksgal]

Drop the severence issue for a moment its clouding your thinking. What were the conditions of the money for move? In other words if certain conditions were not met, like time of employment, was the money to be refunded? Look over entire agreement for anything like that.

Now on severence. Severence is not required by law. In fact they could have gave you nothing outside of showing you the door. What they have done is said your severence is 10 grand but we spent 5 grand on you with nothing to show for it and the conditions of said monies were not met. This could mean your continued employment. So they deducted the 5 grand from the 10 grand. This is just me guessing but I suspect they are saying the terms of the upfront money you got were not met so they are getting said monies back. Once more there is no law that says a company must give you severence. The letter you got with severence dollar figure on it was not a contract! I do suggest though you take all information. Severence letter transfer agreement etc to an Attorney for review