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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My statement is: I excepted a job in Manhattan, KS over the

Customer Question

My statement is: I excepted a job in Manhattan, KS over the internet and after the offer was made regarding salary and benefits. The owner sent an 2nd email stating he will pay $4500 in moving expenses for me to relocate to Kansas, if I was to leave before 1yr of employment is completed I will have to pay back all $4500.

My Question is: Can I be held to the repayment of the expense for relocation without any signed documentation stating that I will in fact agree to repay such money. Also can my email response expecting the job offer be used as I legal way to say I agree to repayment of such expense. My understanding of Kansas Law is that without a signed written document or an email stating that my response to said email will be used as my electronic signature cant be upheld in court. There for no signed documentation regarding repayment can't be in forced by any Attorney office.
Submitted: 4 years ago.
Category: Legal
Expert:  TexLaw replied 4 years ago.

Thank you for your question.

Under Kansas law, a binding contract may be found where there is an offer and a corresponding acceptance. In your case, the email to you that the $4,500 in moving fees was conditional upon a 1 year commitment was an offer. You are stating that you did not send back any written acceptance of that offer specifically. However, if you then acted to take he relocation expenses, then this would act as the actual acceptance of the offer and the terms of that offer.

In other words, it would likely be ruled by a court that the term is binding because you were told about the condition prior to you actually accepting the money.

It would be a different story if you had already been given the money and then received the email, as this would not be a valid offer and acceptance.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.

Now what if the employer withheld my final paycheck as debt collection. Under Kansas Law statute 44-315 (Separation or willful non payment) states No employer can do this right

Expert:  TexLaw replied 4 years ago.
Thank you for your response.

You are correct. Your employer may not withhold the money from your last paycheck to pay them back for the moving allowance unless you gave them a signed written authorization to do so.

You would be able to make an unpaid wages claim if they did that.