If an employer misrepresented job, do I have to pay back moving costs?

I recently took a job as a sr. manager with promise of being promoted to Dir. with in 6 months to a year. When I showed up at work the person who hired me was fired. They placed me under another person that I never met. Then find out that the company is losing tones of money and there would be no raise or bonus. My job does not entail any managing and they put me in a Sr. Scientist role which I told them I would not except from the beginning. Now I would like to leave the company. I would like to know is the relocation enforceable in the state of Pennsylvania? What are my rights? Should I try and negotiate with current employer to let me out? I have now been with the company 9 months. The documents they handed me in the initial stages of the negotiations stated one year. Then they made me sign a 2 year prorated agreement. If you leave before 9 months to 1 year you pay 100%.

2 answers  |  asked May 28, 2011 10:38 AM [EST]  |  applies to Pennsylvania

Answers (2)

Doris Dabrowski
I agree that a potential claim for reimbursement of moving expenses depends upon the terms of your particular contract. This does not prevent you from attempting to negotiate a modification of the contract. If negotiations are unsuccessful, you must be prepared to face a claim for reimbursement. You should consult an attorney to discuss possible defenses and negotiation strategy. Doris Dabrowski
1525 Locust St., Philadelphia, Pa. 19102, 215-790-1115.

posted by Doris Dabrowski  |  May 31, 2011 08:13 AM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, it is hard to assess your problem without reading the documents from your hiring and the contracts you have signed. If the position was misrepresented, you may have a defense to claims for reimbursement of moving expenses. The problem is that a well-written contract will state that oral promises are irrelevant. Furthermore, the law generally does not like to look at oral promises when evaluating a written contract.

Therefore, your contract terms are critical. If the job you are doing now is significantly different from the one set forth in the contract, you may have a defense.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  May 28, 2011 2:46 PM [EST]

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