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    taylor_d's Avatar
    taylor_d Posts: 6, Reputation: 1
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    #1

    Jul 5, 2011, 03:52 PM
    Extraordinary SignOn Relocation Benefit Repayment Question
    The usual situation: leaving before 12 months, and the company wants me to repay the signon bonus, and the relocation benefits. Tricky part: the contract doesn't specify WHEN I, employee, would be required to pay back such amounts. Will such a contract be enforceable? They're on the verge of taking me to court. I know that based on the contract I simply owe them the relocation/bonus amounts. I do NOT owe them these amounts by any certain date. 2011? 2050, the year 5000. Basically whenever I feel like it. I know the contract is completely broken without this, but I'm curious whether this will work in court. Would a judge say that the contract without a timeframe on the repayment doesn't mandate the repayment at all? Would the judge just slap me and say, well, reasonably, if you owe it (which the contract says), then you owe it within 60 days or some arbit number? In very simple terms, a friend loaned me $100 without specifying when I had to pay it back, and I said, "I will pay you back". But I never said when.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 5, 2011, 05:38 PM
    Quote Originally Posted by taylor_d View Post
    ...I do NOT owe them these amounts by any certain date. 2011? 2050, the year 5000. Basically whenever I feel like it. I know the contract is completely broken without this, but I'm curious whether this will work in court. Would a judge say that the contract without a timeframe on the repayment doesn't mandate the repayment at all? Would the judge just slap me and say, well, reasonably, if you owe it (which the contract says), then you owe it within 60 days or some arbit number? ...
    The judge will enter a judgment for the money plus interest at the statutory rate. You will not be ordered to pay, or at any specific time. It is up to the judgment creditor to collect the judgment whenever it can.

    Quote Originally Posted by taylor_d View Post
    ... In very simple terms, a friend loaned me $100 without specifying when I had to pay it back, and I said, "I will pay you back". But I never said when.
    You're posing a hypothetical question here. The answer would be that the loan is payable on demand.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 5, 2011, 08:26 PM

    The judge will most likely use the assumption that it is due and payable at the time of the breach, This is a penalty for a breach of contract and as such is an amount that becomes due when there is a breach.

    If they sue in court, the judge merely awards them a judgement, The judgement allows the company to collect by any legal means anytime they can find the funds.
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