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I work for a company that offered me relocation assistance.

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They offered $4000 in reimbursable...
I work for a company that offered me relocation assistance. They offered $4000 in reimbursable moving expenses. The letter stated that the estimated move dates were August 21 to November 21. It stated that the expense reports had to be filed within 30 days of the final reimbursable expense. Nowhere did it mention that the offer would expire in 90 days. The company rescinded the offer on November 21st saying that it expired. Now I am stuck in Virginia with no way to move my family here. Part of the offer stated that I had to be an employee for 1 year in order to not have to pay back the moving expenses. I have been here for 9 months and can't live without my family any more. I turned in my resignation letter this week. I'm wondering if, since they seem to have sidestepped the agreement, I should have to pay anything back.
Submitted: 8 years ago.Category: Legal
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Answered in 20 minutes by:
6/11/2010
Lawyer: Michael J., Esq., Lawyer replied 8 years ago
Michael J., Esq.
Category: Legal
Satisfied Customers: 3,514
Experience: Licensed attorney; represented hundreds of clients in my private practice.
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Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

I'm confused. You said the contract said the move dates could be from August 21 - November 21. After that final date, they rescinded the offer, correct?

Thanks,

Michael
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Customer reply replied 8 years ago
Dear Mr. Pagnotta:
Based on your recent discussions with PM, you will receive location assistance for your move from Arizona to Virginia. The estimated transition time will start August 31, 2009 and end November 27, 2009. Your estimated start date in Virginia is September 21, 2009.
The company has approved relocation assistance up to the amount of $4,000. You are required to apply for reimbursement for expenses by submitting appropriate receipts for expenses incurred. Receipts for all expenses are required to be submitted for review and approval within 30 days after the completion of your relocation.
Based on payment of the above relocation assistance, it is agreed that you will remain an employee of the company for one year following completion of the move. It is the understanding of both parties that you will be required to pay back the relocation amount paid by the company if you voluntarily terminate your employment or are terminated for cause within one year of your relocation.
Lawyer: Michael J., Esq., Lawyer replied 8 years ago

Thank you.

November 27, 2009 appears to be the time at which the offer would end. Although it does not explicitly say it, the sentence "The estimated transition time will....end November 27, 2009" can most plainly be taken to mean the end date of the offer.

If you voluntarily terminate your employment, your argument would be that the "contract" does not explicitly state that the offer would be rescinded, after all, it says "estimated" transition time, which connotates an unsettled or discretionary time period, and therefore you should not have to abide by the terms (repayment of the moving fee).

Honestly, I believe the company has a winning argument, but it can not hurt to try and fight it, as it will save you money in the end.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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