My spouse accepted a job offer which included a promise of $5K, for relocation. I am an HR professional by trade, but we

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Customer: My spouse accepted a job offer which included a promise of $5K
JA: Has your spouse discussed this with a manager or HR? Or with a lawyer?
Customer: for relocation. I am an HR professional by trade, but we have not spoken to an attorney
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: at will, salaried
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: state of TX
Answered by LegalKnowledge in 1 min 2 months ago
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LegalKnowledge, Expert

Good afternoon

This is Alex, Esq., and Welcome to Just Answer.

I have been a legal expert on the site for over a decade and my goal is to provide you with the best experience possible and answer any questions you may have about your current situation. Your satisfaction is my top priority! Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship and it is always in your best interest to retain legal counsel, if you have a current legal matter, that you need help with.

First, thank you for coming to the site and trusting that we can provide you with the proper information to help you have a better understanding of the situation. Second, I want you to know that I understand how frustrating and/or concerning your situation is, so I am here to help and hope we can work through this so you know what direction you may want to proceed in and alleviate the stress.

How are you?

Customer
I'm well thanks
Customer
my question is if we have any legal recourse regarding the relocation that was promised by my wife's former employer.
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LegalKnowledge, Expert

Good to hear. Did he get anything from them in writing, about this $5000? Why are they refusing to pay her if it was a condition of his employment?

Customer
We have the offer letter.
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LegalKnowledge, Expert

And why are they unwilling to pay her then?

Customer
She was released from her employment (not for cause) right after she had taken the time off to relocate
Customer
Let me attach the reimbursement offer
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LegalKnowledge, Expert

And were there any conditions to getting the $5000, other than relocating, such as a time of being employed?

Customer
completion of 6 months of employment or she would be required to repay based on a schedule in the letter, but that states if her employment is voluntarily terminated.
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LegalKnowledge, Expert

Was she there for six months?

Customer
3
Customer
2-3
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LegalKnowledge, Expert

Can I see the letter?

Customer
File attached (MPPPQG1)
Customer
File attached (LV4M326)
Customer
I've attached her offer letter and the relocation payback agreement
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LegalKnowledge, Expert

The last line says this...

" I understand that my employment with Hotel Drover is considered at-will, meaning that either the company or I may terminate this employment relationship at any time with or without cause or notice and that I will be liable to repay it regardless based on the above schedule"

Customer
that line removes them from any responsibility?
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LegalKnowledge, Expert

Why did they terminate her to begin with?

Customer
I'm just curious because I have heard she was not the first chef they have done this to, bring them in, they relocate and then let them go before paying out the relocation bonus
Customer
They said they decided to go in another direction / restructure.
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LegalKnowledge, Expert

Very odd but she could have a defense, if they terminated her, without cause, if she accepted the offer and relied on this, with them knowing she was relocating. Odd, that after she accepted their offer and moved they did this, so I think she could sue but for other reasons, than this.

Customer
you're saying she may have a case for unlawful termination, but likely not a case for the relocation bonus
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LegalKnowledge, Expert

Based on what you shared, she would have had to repay it. That is what the letter states, which would indicate it should have been paid to her, once she started. Why that did not happen to begin with, I do not know and she should have asked. If they never paid it, she has nothing to repay them, which is the basis of that agreement. However, if she incurred costs as a result of this job offer ( i.e. moving fees) and then they terminated her without cause, and she relied on this money, when accepting the offer, she may have a basis to sue to recover those moving costs or fees.

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