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Question: The meaning of the items in the Repayment Clause:

Customer Question
Question: The meaning of the items...
Question:
The meaning of the items in the Repayment Clause:
1. You give notice of your intention …
2. gross misconduct.Question:
Can I voice to HR, the recruiter who recruited me, or even my boss that the employment is not working out. Even though my intentions are to stay at the job the two years but no more than that!Question:
Can I ask HR, to calculate how much money the reimbursement would be if I decided to quit, and would asking be giving notice with intention?Question:
What if I made a statement, in a calm in rational voice, to my boss that things are not working out, but that I will state the two year, if I can make it that long!Question:
What if I am not, and I am not able to do the work at the level expected, I am at 75% of expected and I do make small mistakes. Is this gross misconduct?INFORMATION IS FROM THE XYZ COMPANY’S:
THIS LETTER IS TO CONFIRM OUR VERBAL OFFER OF EMPLOYMENT. BELOW ARE THE TERMS SPECIFIC TO YOUR EMPLOYMENT OFFER:{please note this offer was signed to accept the position}1.
SIGN-ON BONUS
Additionally, you will receive a one time sign-on bonus in the amount of $00,000 gross, payable to you within your first 30 days of employment. This sign-on bonus is subject to all regular payroll taxes. If you voluntarily terminated your employment with (XYZ) Company LLC prior to your two year anniversary; you will be required to reimburse your sign-on bonus (less payroll taxes) within 30 days from your date of termination.2.
RELOCATION
Since our job offer requires that you relocate we will provide you with domestic relocation benefits as described in the of a (Parent company of “XYZ”) Domestic Relocation Policy for New Hires (attached). Please review this policy and its provisions carefully.
If you voluntarily terminate your employment with XYZ Company LLC prior to your two year anniversary; you will be required to reimburse your relocation benefits within 30 days from your date of termination.INFORMATION IS FROM THE PARENT OF XYZ COMPANY’S:
(PARENT COMPANY OF “XYZ”) “DOMESTIC RELOCATION” DOCUMENTATION PROVIDE BEFORE HIRING{please note this document did not require a signature}1.
WHO IS COVERED BY THIS POLICY?
This policy covers all domestic relocations (outside of the Graduate Program) with PARENT XYX, LLC, PARENT XYZ (Canada), Inc., XYZ Company LLC, The XYZ Company, Inc., PARENT XYZ Manufacturing LLC2.
Tax Liability Reimbursement (Gross-Up) Due to your relocation benefits, you may incur additional tax liabilities. PARENT XYZ will pay these additional liabilities through a tax allowance or gross-up, unless the expense is deductible under current tax laws or deductible as moving expense (i.e., transportation of household goods and lodging/transportation during the move). This tax reimbursement will be based on Federal withholding rates in effect for supplementary wages, Social Security Taxes and expected state income tax rates in your state of residence. If you have any questions, contact your Relocation Counselor.3.
Repayment Clause The Company reserves the right to reclaim any and all payments in full made directly to you or on your behalf, including associated tax charges, under this policy within two years of relocating if: 1) You give notice of your intention to leave the company voluntarily or 2) Your employment with the company is terminated for reasons of gross misconduct. If your employment with the company ends for either reason stated above, you agree to repay the full amount of all relocation benefits (less taxes) at 100% within 18 months from start date or prorated between 18 and 24 months.
Submitted: 1 year ago.Category: Employment Law
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3/21/2017
Employment Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,275
Experience: More than 30 years in legal practice.
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I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

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Customer reply replied 1 year ago
did or can you see my Questions?
Employment Lawyer: Loren, Lawyer replied 1 year ago

-Can I ask HR, to calculate how much money the reimbursement would be if I decided to quit, and would asking be giving notice with intention? -

That is not in and of itself notice of your intention, though it would cast suspicion on your intentions.

-What if I made a statement, in a calm in rational voice, to my boss that things are not working out, but that I will state the two year, if I can make it that long! -

If you tell them things are not working out, it could be implied that you are resigning. So, I would avoid that sort of statement.

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Employment Lawyer: Loren, Lawyer replied 1 year ago

-What if I am not, and I am not able to do the work at the level expected, I am at 75% of expected and I do make small mistakes. Is this gross misconduct?-

While there is no formal definition of what constitutes gross misconduct in the workplace, some accepted descriptions include wanton disregard for the safety of others; deliberate acts of violence or hostility; attempts to financially defraud a company; significant levels of insubordination; and dishonesty through falsification of documents or other forms of misrepresentation. Acts such as poor performance, minor errors in judgment or negligence are not typically considered gross misconduct, but rather as poor performance.

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Employment Lawyer: Loren, Lawyer replied 1 year ago

You can always try to negotiate an exit, but there is no obligation on your employer's part to waive or renegotiate the repayment provision if you leave.

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Employment Lawyer: Loren, Lawyer replied 1 year ago

I attempted to accept your phone call request and received the following message:
"Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation."

If you can resolve the problem (it is usually a matter of confirming with your bank or credit card that the charge is authorized) I look forward to speaking with you.

Otherwise, I am happy to continue online with you.

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