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I have a relocation repayment disbute with my former

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employer. I need assistance in...
I have a relocation repayment disbute with my former employer. I need assistance in answering their certified letter.
Submitted: 1 year ago.Category: Employment Law
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5/21/2016
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,037
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. Can you please provide some more details about the circumstances, so I can see how I may assist? Thank you.
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Customer reply replied 1 year ago
The offer and terms of my employment as the men's and boys underwear Designer for an apparel corporation named Fruit of the Loom came with a 2 year employment agreement (not contract) I resigned from the company after 9 months and agreed to terms with another apparel company. Fruit of the loom said according to the agreement to I need to pay back the entire amount of relocation expenses which came up to 16k + . The company would not accept my offer to Make monthly payments in the amount of $25.00. They said it would need to be more like $100. I did not agree to that amount. Long story short I complete my final 2 weeks and 50% of my final check was withheld to go towards relocation repayment. The company did not put my remaining sick hours or vacation days towards the remaining balance. The sent a certified letter today saying that I need to repay a monthly amount of $450 + and I need to sign a repayment agreement and send back by 6/3/16. They did not provide a detailed statement of all the expenses they covered to prove the 16k was accurate. I never refused to sign anything nor did I refuse to repay them. I will not repay $450. They would need to accept what I can pay. My need is that I need an attorney to answer their letter with my response and answer to their correspondence. Does this service I paid for provide my with that level of assistance? Thanks sorry it this isn't clear I'd much rather talk about it it's an awful a lot to type
Customer reply replied 1 year ago
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Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
Thank you for your reply. I don't participate in live phone calls, so I will opt out and open the question up to all available other experts, so perhaps there is someone who can call you. Please do not reply to this message, as the system will automatically return the question to me to answer, possibly delaying a response by another expert. Thank you.
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Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,489
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous expert had to leave.
What state is this in?
What specifically does your employment agreement state about the relocation payment and reimbursement?
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Customer reply replied 1 year ago
State: KentuckyEmployee owes 100% if employment ends under 1 year time. 50% over 1 year time . 0 at 2 years of employment with the company.REFERENCE PLEASE SEE ATTACHMENT:
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
You are leaving within the first year, so while this is not a "contract of employment" you did agree to the terms of the agreement and would be bound to the repayment terms set forth. $25 is really not a reasonable offer of repayment for the money that you obligated yourself to repay, so what they are willing to take for repayment is negotiable, but ultimately up to the employer to accept or the employer could even sue you for the money and then you would be liable to pay the judgment lump sum or they could garnish your future wages with your new employer up to 25% of your net income.
KY law does not mandate the employer pay the employee for any unused vacation or sick time upon termination, unless the employer has a written policy to do so. Thus, unless the employer has a written policy to pay you for those unused days, they are not under any obligation to do so by any law in KY.
The employer, under the Fair Labor Standards Act cannot withhold your pay for any reason, such as repaying the benefit as the contract says unless there is a written agreement from you authorizing them to do so. If you read your agreement, you agreed in writing that they COULD withhold the 50%, so this would not be illegal for them to withhold 50% of your pay towards the reimbursement.
This agreement is very explicit and it is contrary to what you are now wanting to do and the fact is that you signed this agreement and initialed each of these paragraphs, meaning you actually agreed to what they are doing right now.
You can demand your employer provide you an itemized statement of the relocation expenses they are now claiming, so you can check the accuracy, that is your right. However, you cannot, based on that agreement, refuse to pay it or demand a lower payment plan than the employer is willing to accept. If the employer has said your repayment needs to be at least $100 as you said above, then a lawyer's letter is not necessary. You need to send a letter to them asking them to provide you an itemized statement proving the total relocation funds spend so that you can validate what you need to reimburse them and then make an offer to conform to the minimum they said they would accept (if you go less than that they will simply sue you and get a judgment, which they could then collect lump sum or through garnishment as I said above and you do not want that to happen).
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Customer reply replied 1 year ago
Thank you so much for the clarity. I appreciate you taking the time to respond.
Customer reply replied 1 year ago
They didn't specify in the letter they will sue. They said send to collections.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply
They would send it to a collection agency, which would be the one to sue you to collect. So it would be the collection agency that would sue you to collect.
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