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champchamp profile picture

champchamp

Certified Savage

Arsonist
Politicker
Acclaimed Answer
+7

Can I get sued?

Hey Savages,

I might get an offer but I got a 5K bonus when I signed up for my current role. 

it stated I needed to stay at the role for at least 12 months. I'm 10 months in. 

How likely is it that the company would try to sue me if I don't pay the 5K?

Also, any chance of it just goin unnoticed and them not asking for it as that 5K isn't general practice?


🧠 Advice
😤 Conflict Resolution
👥 Hiring
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49 comments

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poweredbycaffeine
WR Lieutenant
11
☕️
Well, no one is in the business of suing someone if they are going to lose money on legal fees. It probably would be a net negative.

However, they could withhold pay or garnish commissions. Do you see anything in legally binding documents that explains recourse for early departure?
braintank
Politicker
9
Enterprise Account Executive
They won't sue you, they'll just take it out of your last paycheck
GDO
Politicker
2
BDM
Was thinking the same thing.
champchamp
Arsonist
0
Certified Savage
Good point, Ill plan on not getting my check for my 2 weeks notice just in case. Thank you.
champchamp
Arsonist
0
Certified Savage
Seems like it'd be the easiest way for them and id be cool with it if they take the lat 2 weeks pay and call it even
champchamp
Arsonist
1
Certified Savage
Thank you. I thought the same thing, great point about them just taking it from the last paycheck.

What if I quit one day after getting my check? I mean, ill probably still put in my two weeks and then not get paid for those I imagine haha.

Or I could just quit but that would burn the bridge and male them salty and then they might sue me.

I think I'll just prepare as if I wont get that last paycheck just in case.
detectivegibbles
Politicker
10
Sales Director
I know this group is full of degenerate gamblers...

Vegas has released this futures bet on @champchampcurrent employer...

Garnish paycheck: -250
Sue: +550
Forget and not collect: -110
champchamp
Arsonist
2
Certified Savage
Hahaha love this. Unfortunately, conflict of interest forbids me from putting money on this but if I could I'd play it safe and put some money on "Garnish paycheck" haha.
GOLFaaS
Politicker
1
Sales Leader
I want to put my Q1 paycheck on Sue. Those are great odds.
detectivegibbles
Politicker
1
Sales Director
I'm a favorable bookie. I'm for the people.
Fenderbaum
Politicker
4
Retired Choirboy🪕
IMO legal fees would most likely prevent them from pursuing it. My only thought would be the possible burned bridge, if it is noticed like you said. Any chance on staying the full 12 months?
DungeonsNDemos
Big Shot
3
Rolling 20's all day
definitely try to stay 12 months. 1 year looks better than 10 months anyways.
champchamp
Arsonist
0
Certified Savage
Yeah, just think it is a bit risky to ask the new company to wait 2 months for me, what do you think?
Filth
Politicker
0
Live Filthy or Die Clean
I think in this climate and HR hell hole, if they need you now, they need 5 of you and chances are they'll need 10 of you in 2 months. You telling them when you can start and staying true to it does more than the handful of people they are talking to that will take another offer or ghost them.
champchamp
Arsonist
0
Certified Savage
Yeah, it would depend on whether or not the new company is willing to wait for me, which, even if they are, I think is a little risky given the current economic climate, what do you think?

It would also mean that I'd be almost 2 more months with a lower pay, which would kinda suck but I guess id be willing to do just to be on the safe side and end things amicably.

My biggest concern would be my first point.
CuriousFox
WR Officer
3
🦊
Just be prepared to forfeit your last paychecks my dude.
champchamp
Arsonist
1
Certified Savage
I mean, they could only take the last paycheck, so the last paycheck after I put in my 2 weeks notice, right?
CuriousFox
WR Officer
3
🦊
Depends on the contract you signed in the beginning.
Space_Ghost20
Valued Contributor
2
Account Executive
I took a stay bonus at a past employer. Left before the year was out and owed $650. They sent a letter a couple months after I left asking for the money and offering me to either pay it in 3 installments, or all at once. I ignored it. 7 years later I haven't heard anything back. If it had been sent to collections I figured it would have showed up when we bought either of our houses.
champchamp
Arsonist
0
Certified Savage
This is great to know, do you know if there is any way to check whether or not they send it to collections? Just so I can act promptly in case they do, or is it too late by the time they send it to collections? haha

I mean, I don't think they would but trying to be prepared.
HVACexpert
Politicker
2
sales engineer
They will come after it, either through your paycheck or otherwise. If you signed the contract and this is in writing, unfortunately it’s on you to pay it back.
CuriousFox
WR Officer
2
🦊
Correct 💯
champchamp
Arsonist
0
Certified Savage
Do you think they'd just take the check after my 2 weeks notice and call it even? Even if it is less than the 5K?
HVACexpert
Politicker
0
sales engineer
I had this happen when I left a job that gave me some money for academic reimbursement. They came after every dollar. I would at least expect/plan for the same. So if you owe $5k, expect to pay $5k
champchamp
Arsonist
0
Certified Savage
How did they come after it though? Did they send a bill and you simply paid or did they take it from your paycheck or something else?
HVACexpert
Politicker
0
sales engineer
I had HR just bugging me pretty consistently until I sent a check.
Kosta_Konfucius
Politicker
2
Sales Rep
Heard stories from multiple people, usually they will withhold pay and call it even. Some completely forgot.

But that doesn’t mean the company you work for won’t send a bill for 5k$.

If you leave early, I would budget as if they want the money just in case
champchamp
Arsonist
0
Certified Savage
That is good to hear, I spoke with a guy that worked for Uber, he said they sent a bill for his 10k bonus and he just paid it.

Someone here said they got one, ignored it, and nothing ever happened. Although it was for way less - $650.

Any potential repercussions if they ask for it and i just ignore them?

Also, id be down if they just take the last paycheck after my two weeks notice and call it even. Do you think they could be cool with that.
Kosta_Konfucius
Politicker
0
Sales Rep
Your guess is good as mine, my advice if you need to leave use this as a way to get a 5k signing bonus or raise
Kosta_Konfucius
Politicker
0
Sales Rep
Also message old reps who left under a year and see what happened to them
Pachacuti
Politicker
2
They call me Daddy, Sales Daddy
Have you spoken with other previous employees?
champchamp
Arsonist
0
Certified Savage
I haven't but I will ask some guys that are not with the company anymore in case they know something.
Maximas
Tycoon
1
Senior Sales Executive
Come on bud, hiring a lawyer and lawsuit fees would cost them more than the 5k you have a concern about:)

They'll more likely deduct it totally or partially at the last paycheck before you leave.

Wanna stay at the safe side, if possible try to complete the remaining 2 months after aligning with the HR for the new company you're willing to get to, and I'm so sure they'll understand your situation and will let you start only after the 2 months is done!

Best of luck at your new role 👍
champchamp
Arsonist
0
Certified Savage
Thank you, man. I thought the same thing but I feel like it is a bit risky to ask for the company to wait two months for me.

How likely do you think it is that my job could be taken in the meantime?

Also, I'd be managing a team of new hires that they plan to bring in the months of june through august, which is why they want me to start in May so I can get onboarded properly and settle in before the team starts coming in.

Thoughts?
TennisandSales
Politicker
1
Head Of Sales
Hey! I literally dealt with this EXACT same situation.

I think it really depends on you boss.

champchamp
Arsonist
1
Certified Savage
What happened in your case?

I just lost my manager recently, Im confident he would've been cool with just ignoring it.

I got a new manager, which Im not so sure about, I'd say 50/50 odds.

However, i think my boss' boss would be the one to make the final call as she was the one that gave it to me initially.

I have a decent relationship with her but not very active, we've probably spoken 3 times directly during my 10 months here.
TennisandSales
Politicker
0
Head Of Sales
In my case I ended up staying until the 12 months were up. but the added situation was that i was owed a bonus and there was no documentation on if i would get it if i quit before i got the money.

THIS is what prompted me to talk to my boss. thankful he was cool about it and i was able to leave and still get my money.
RandyLahey
Politicker
1
Account Executive
I doubt they would go through that exercise to recover 5k. Only thing I'm worried about is if you have any outstanding commission to be paid out.
champchamp
Arsonist
1
Certified Savage
Fuck. Good point, I was thinking about the base salary and they'd only be able to take my check after my 2 weeks notice but forgot that commission is paid out about a month after so they'd probably take that too. Dammit.
RandyLahey
Politicker
0
Account Executive
Exactly - any chance you can extend your stay? I’ve been able to push back start dates in the past. Not proud of this, but once I faked a herniated disc in my back to push back the date 8 weeks to ensure my commission came lol.
Coffeesforclosers
Notable Contributor
1
Director Sales and Market Development
They are gonna get their money back, they wont sue you but something will happen in garnish pay, etc
Diablo
Politicker
0
Sr. AE
This happened to one colleague lately. So no sue and all - no one has time for this at least for a 5k. All he got was a surprising paycheque will all the debits 😀
champchamp
Arsonist
0
Certified Savage
That is good to hear. Did he get his final commission and everything?
GTMLeader
Good Citizen
0
GTM Leader
It starts with what is specific language in the agreement signed by you. Could they withhold your final paycheck and call it even? Yes.

If they do attempt to recover the full $5K, maybe try to negotiate a pro-rated payback amount based on your ten months there.

Since you are breaking the agreement, if the company decides to sue, they would probably win and recover not only the $5K but also the court costs and attorney's fees. The US Judicial system typically makes the damaged party whole, meaning that since you broke the agreement, the company will not be out any money to collect what you agreed to.

I've seen some companies that want to send a message to the rest of the people that have signing bonuses and go after them with vigor, and I've seen other companies that just don't worry about it.

Good luck, and let us know the outcome.
Justatitle
Big Shot
0
Account Executive
Anyone can file a suit for any reason, the legal fees are typically not worth it in cases like yours though. Also if anything they would just with hold it from your final check. If you are on to bigger and better though I wouldn't sweat it anyways.
0
Owner
We live in a litigious society. Everyone is always at risk of getting sued for anything. My advice is to go ahead and have the conversation. Don’t hide from it and don’t just take off. Let them know you have another opportunity although you understand that you made a commitment…then ask what do we need to do to make this right? You’ll probably find out that they’ll let you off the hook. If not, you’ll pay back a prorated amount like $834.
Juancallclose
Catalyst
0
Director
Sued? Unlikely. But I'd try to ride out the last two months
GOLFaaS
Politicker
0
Sales Leader
2 months lol. What is wrong with waiting. Can the grass be that much greener?
champchamp
Arsonist
0
Certified Savage
I’d wait, issue is that idk if the offer will still be there after those two months.

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