Here's the lowdown. When my husband went to work for his current job, he supposedly signed a contract stating that if he left before a year and a half, he would have to pay the $5000 sign on bonus pro-rated. A couple of months ago, they lowered his pay by $3.10 claiming they were'nt getting enough productivity out of him. A total crock of sh*t: he's the best employee they have and not just saying that cause he's my hubbie (I've been told by many). Well, we got a copy of the contract yesterday and I wouldn't even call it a contract. Here is what the entire paper says. The header says Hiring bonus. Next line is Employee name and date. Next line Hire date and store. Next 4 lines are the breakdown of the bonus- how much he gets of it and the date he gets it. The next is conditions 5 lines, completely empty! Then it says If I don't meet the above conditions, or am no longer employed, I will not be eligible for the hiring bonus. Then mu husband signed and dated, with his Manager, and GM.
2006-07-14 03:10:51 · 5 answers · asked by marieandlucaspape 3 in Politics & Government ➔ Law & Ethics
What do you guys think? He seriously wants out of that job.
2006-07-14 03:11:20 · update #1
Hers's the thing, he didn't sign anything stating he would have to pay the bonus back! Not a thing! Keep that in mind!!
2006-07-14 03:18:35 · update #2
He never signed anything stating what he would be payed. Just told I think. He is a mechanic. He has recieved $3000 so far. They never told him they were cutting his pay. We just discovered it and he went in there on monday and raised hell! They did this to another guy, but they told him, and he had to sign a paper with his new pay. They didn't even have the courtsey to tell him, they just did it!
2006-07-14 03:34:32 · update #3
i think that the company is being ridiculous and unethical but I also think if they have a signed contract that does not mention his rate of pay they are well within the law in cutting his pay
in any event, you are going to have a hard time finding an attorney to take up the case because there isn't enough money involved
if you live in the u.s. or your husband is contracted or employed by a u.s. company, then you will want to contact the department of labor in your state to file a complaint and see what can be done, these people will help you mediate an employment dispute
if you husband happens to be a seamen, longshoreman, railroad worker, civilian defense contractor worker, or if he's in any other occupation that may fall under the federal law purview then you should contact the u.s. department of labor to file the complaint with them
they will hold an informal hearing and most of the time you are able to represent yourself
good luck
2006-07-14 03:19:52 · answer #1 · answered by whoisgod71 3 · 2⤊ 0⤋
If he signed the contract it could be enough to hold up in court. It sucks, but very possible. A friend of mine was in a job similar to that where he took a class and had to either stay with the job for a few years or pay back the money the co. paid for his class. Well he left the job and they made him pay back the money..
Technically unless you can prove the reduction in pay and the contract are somehow related - which maybe you could say the co. is using the contract to do what they want - there's not a lot he could do. You would have to have a solid case to really prove beyond a reasonable doubt that the two are related.
2006-07-14 10:14:29 · answer #2 · answered by Mr. J 5 · 0⤊ 0⤋
The reduction in salary constitutes an attempted unilateral modification to the contract, and husband is not obliged to agree to it. If he does not, he can claim that the contract was unilaterally terminated by management, and he has no further obligation with respect to the sign-on bonus. Unfortunately, one never knows what a court will do, so it would be wise to spend a few bucks and talk to a lawyer specializing in employment issues.
You got a copy of the contract yesterday? You should have gotten one when it was signed! Something smells here...
2006-07-14 10:22:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Has he received the entire bonus? If not, he won't get any of the payments still due if he quits. If he has received it, and wants to quit, he should just do it. Let the company try to get the money back. They might not even bother. If ther are no conditions specified in the contract, he can't "fail to meet" them. Be sure he gives them adequate notice, and keeps his copy of that "contract" handy.
2006-07-14 10:16:40 · answer #4 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
It sounds like the company may just be trying to get rid of him. If he stays, and they let him go, he shouldn't have to pay back the bonus. If he leaves, he may have to pay back what he's been paid. I would get more information before I made a decision.
2006-07-14 10:14:46 · answer #5 · answered by Justsyd 7 · 0⤊ 0⤋