Signing Bonus Question

started with my current company in January. they offered a sign on bonus with a 1 year stipulation of if I leave in my own will have to pay back. 10 months in and it wasn't what was promised and I don't see much of a future. 

a colleague of mine recently left and she had roughly a month left - they didn't make her pay back. 

I have an offer that is very promising and not sure if I roll the dice. but also with the information from my former colleague do I use that if they try to make me pay? additionally, is an offer letter legally binding to where I need to pay? figured I can always pretend to work the last couple months and start the other job as a worst case scenario. 
🧠 Advice
12
Pachacuti
Politicker
6
They call me Daddy, Sales Daddy
They wouldn't make you pay it back necessarily - they would take it out of your final paycheck.

You can ask your new company to cover you if your current employer asks for it.
Sunbunny31
Politicker
5
Sr Sales Executive 🐰
Yes, this is the right approach IMO.
jefe
Arsonist
2
🍁
Take @Pachacuti's advice, with a dash of @CuriousFoxand @AnchorPoint 's - also think about contacting a lawyer.
Kosta_Konfucius
Politicker
4
Sales Rep
If they pay is better at the new place, might as well. Budget based on if they deduct it from your last paycheck and if they dont see it as a bonus after 3 months
AnchorPoint
Politicker
3
Business Coach
Love Bravado, however, you really need to talk to an attorney.
zsmi123
Contributor
1
Director of Recruiting
Certainly and that was my thoughts but figure I’d see if anyone else had this scenario. Even though I’m sure it’s case by case ha.
BIGJOHNINC
2
PRESIDENT / CEO
While at EDS and Whittman-Hart, we enforced our promissory notes on SED candidates and technical associates related to training costs. I am with Anchorpoint, I would suggest you discuss this with an attorney. I've seen letters that were crafted by lawyers that counteracted the clauses in the agreement making them not worth pursuing.
antiASKHOLE
Tycoon
1
Bravado's Resident Asshole
I haven’t had a sign on bonus situation, but I did have a pending commission payout issue when leaving. I left 16k ish in commission when switching jobs and was able to get that back when going to the new company. Negotiate everything!
Dallas_Knight
Big Shot
1
Strategic Account Executive
Roll the dice, have your new employer cover it (if you explain it they usually will be ok)

Worse case $0

Best case you keep both
CuriousFox
WR Officer
1
🦊
It depends solely on what you signed boo. Got a lawyer friend?
SoccerandSales
Big Shot
1
Account Executive
I would see if your new offer would cover the cost for you to come early, or if they would be willing to hold your offer for a month so there are no issues.
bobr
1
VP of Sales
You only have two months. Negotiate a later start date with your new employer. If it's the right fit, they will wait. Don't risk having to reimburse them.
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