How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12933
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have been employed at a company since early 2011. I signed

This answer was rated:

I have been employed at a company since early 2011. I signed a contract whereby I would re-pay signing bonus, relocation expenses, etc. if I resigned w/in 24 months.

Is there an implied amortization of that amount per CA law? I've been here 14/24 months
Is 2 year restriction enforable? - 1 year is more customary, I believe
I have paid taxes on the amount expended. Do I have to pay be the full gross amount or the after tax amount?
Hello and thank you for entrusting me to answer your question. I'm sorry to hear about this predicament.

Repayment provisions such as what you describe are governed solely by the terms of the contract in which they are contained. Unless your contract specifically provides for amortization, it would not be implied by law and the entire amount would be due if you left in advance of your contractually specified term.

With regard to the tax aspect, an employee in your circumstance would typically need to repay the entire sum to your employer (unless your contract specified otherwise) and then file an amended tax return for a refund on the taxes you paid on the amount.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.
Patrick, Esq. and other California Employment Law Specialists are ready to help you