Sign on bonus

I got a sign on bonus when I started working for my job. I was to work for two years. I worked for one year put in my two week notice and offered to stay prn and work occasionally over the next year for the sign on bonus agreement... They denied me staying prn and told me in writing that they will grant my full resignation instead. Do I have to pay back the sign on bonus when I offered my employment still as PRN but was denied doing so.

1 answer  |  asked Dec 30, 2022 02:10 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
The answer depends on the literal wording of the payback provision in your agreement. See what it says.

If it says that you agree to pay back the bonus if you resign within two years, then your resignation triggers the obligation. In other words, unless the payback provision says that you don't have to pay the bonus back if you offer to work on a prn basis, then you would owe it once you resigned.

You may be able to negotiate repayment of less than the full bonus, because your former employer will have to file suit to recover the bonus. That is an expensive and time-consuming process for the employer. The same is true for you, though, so be careful not to force the issue. That is especially true if the agreement makes the loser in court pay the winner's attorney's fees. If so, be very careful about getting sued. You could be at risk of being to pay the company's attorneys' fees as well as the bonus.

posted by Neil Klingshirn  |  Dec 30, 2022 1:04 PM [EST]

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