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I received a letter from my ex-employer today trying to collect

 
PhillipsEsq's Avatar
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I received a letter from my ex-employer today trying to collect on relocation expenses that they paid to move me from Seattle, WA to Princeton, NJ at the end of last year. My employment agreement stated that I would have to reimburse the company if I left within one year (pretty standard); however, I was scrambling to find a job outside of the company to remove myself from the severe work enviornment. My direct manager made several racist, homophobic, and inappropriate religious comments to me (at one point she told me I needed to go to church). On another occasion, I attended a retirement party for a colleague in NYC that turned out to not only put myself, but an entire group of employees, in danger. Senior leadership hired a driver and rented a van for the event and the group became overly intoxicated at dinner (I am not a big drinker and remained sober). On the way back to the office, we stopped to drop off an employee at her home. The group got out of the van to use the restroom and I stayed in the van and fell asleep. Long story short, I woke up almost an hour later to screaming and yelling inside the house, the van still running, and the driver inside the house with my colleagues, who continued to drink. I finally persuaded them to take me back to the office, where they let everyone drive their own cars home.

I reported all of this to HR (and I work in HR!), who told me they needed to escalate the issues to the head of HR. After a few months, no response from HR, and the behavior of my direct manager continuing, I accepted an offer back in Seattle and left the company. All of the knowledge that I have about HR administration says that this situation is not right. My question to you is if you think it would be worth my time talk to an employment lawyer to escalate this issue/draft a reponse to the letter I received today. I honestly want nothing from ex-employer and just want to forget I ever worked there, but would rather not pay back relocation expenses for a wasted year of my life.

Any advice you can provide would be much appreciated.

 

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State/Country relating to question: New Jersey

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Submitted: 622 days and 18 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  PhillipsEsq replied 622 days and 18 hours ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

 

 

My question to you is if you think it would be worth my time talk to an employment lawyer to escalate this issue/draft a reponse to the letter I received today. I honestly want nothing from ex-employer and just want to forget I ever worked there, but would rather not pay back relocation expenses for a wasted year of my life.

 

Response: Unfortunately, no. Your treatment by the direct manager should have been reported to his superior when it happened. The action of a driver during a retirement party is irrelevant to your former employer' s request for reimbursement of relocation expenses based on the valid contract you signed with the former employee for such reimbursement in case of default on your part. It would appear to an objective observer that you are trying to bring all the issues up to avoid complying with the Agreement you signed for reimbursement of relocation expenses in case you did not work there for more than a year.

 

Customer replied 622 days and 18 hours ago.

I worked in HR, all of the information was reported to appropriate people and no action was taken. The person that was hosting the party in NYC was my manager and the event was a work function. All events are documented within HR and no action was taken.

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Expert:  PhillipsEsq replied 622 days and 18 hours ago.

Thank you for the clarification:

 

I worked in HR, all of the information was reported to appropriate people and no action was taken. The person that was hosting the party in NYC was my manager and the event was a work function. All events are documented within HR and no action was taken.

 

Response: You can have a labor lawyer write a letter in response. You would forego filing discrimination claim against the employer with U.S. Equal Employment Opportunity Commission if the employer forgoes reimbursement for the relocation expenses.

Customer replied 622 days and 18 hours ago.

Technically, there really wasn't any discrimination, no job opportunity lost, etc., just a severe work environment that wasn't taken care of. However, I felt like leaving the company was my last resort to remove myself from the environment. Would that be cause to file an EEOC claim in the first place?

Accepted Answer

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Expert:  PhillipsEsq replied 622 days and 17 hours ago.

Technically, there really wasn't any discrimination, no job opportunity lost, etc., just a severe work environment that wasn't taken care of. However, I felt like leaving the company was my last resort to remove myself from the environment. Would that be cause to file an EEOC claim in the first place?

 

Response: The cause would be hostile work environment because of the remarks made to you by your direct manager as the remarks touched on prohibited grounds of race and religion.

Expert TypeAttorney-at-Law
Category: Employment Law
Pos. Feedback: 97.5 %
Accepts: 1379
Answered: 7/23/2011

Experience: Licensed in Massachusetts and New York

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