Do I have to pay back a relocation package that I signed under duress, meaning that I had to relocate or get fired?

I had the option of relocating or lose my job. Now I found another job outside of the company however it’s less than the 24 month relocation period. Am I obligated to pay this pay even though I was threatened with job loss if i didn’t relocate?

1 answer  |  asked May 27, 2018 11:26 AM [EST]  |  applies to Rhode Island

Answers (1)

Charles Kirwan
Maybe, Courts uphold contracts. But contracts must be performed and contracts must be enforced in good faith.

"Ceding discretion in a contract is not tantamount to subjecting oneself to legalized tyranny. Every contract contains an implied covenant of good faith and fair dealing . . . . Consequently, not even the reservation of absolute discretion can clear the way for a totally arbitrary and unprincipled exercise of a contracting party's power." Okmyansky v. Herbalife Int'l of Am., Inc., 415 F.3d 154, 158 n.3 (1st Cir. 2005).

Chip Kirwan 401-359-1166 csk@KirwanLaw.net
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posted by Charles Kirwan  |  Jun 16, 2019 4:04 PM [EST]

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