Ambiguous Relocation Agreement

[nolanryan492]

The exact wording of my relocation agreement says "If you voluntarily terminate employment with Countrywide within six months of your reimbursement you will be repay 100% of all reimbursed expenses. If you voluntarily terminate employment after six months but before one year after your reimbursement, you will be required to repay 50% of all reimbursed expenses."

On the company intranet there is a statement that says "During the first year of employment following the start date at the assigned location, an employee is obligated to repay the relocation benefits to Countrywide on the date of his or her termination of employment unless the employment relationship is terminated by Countrywide because the employee's job has been eliminated or there is no longer a need for that position. The pbligation to repay relocation benefits is completely forgiven after one year."

In my case I received several reimbursements, some more than a year ago, but the most recent only four months ago. I have a another job opportunity that I want to take. I believe that I have a case for not having to repay the relocation. One is that the above mentioned agreement that I signed is ambiguous by not stating "the last reimbursement" or something along those lines. Also it is not the same as the statement on the company intranet site.

Before I meet with my manager to give notice, I need some advice on whether I am in a good position to fight demands for repayment based on the information above.

Thanks in advance.

 

[Michael Wechsler]

The exact wording of my relocation agreement says "If you voluntarily terminate employment with Countrywide within six months of your reimbursement you will be repay 100% of all reimbursed expenses. If you voluntarily terminate employment after six months but before one year after your reimbursement, you will be required to repay 50% of all reimbursed expenses."

On the company intranet there is a statement that says "During the first year of employment following the start date at the assigned location, an employee is obligated to repay the relocation benefits to Countrywide on the date of his or her termination of employment unless the employment relationship is terminated by Countrywide because the employee's job has been eliminated or there is no longer a need for that position. The pbligation to repay relocation benefits is completely forgiven after one year."

In my case I received several reimbursements, some more than a year ago, but the most recent only four months ago. I have a another job opportunity that I want to take. I believe that I have a case for not having to repay the relocation. One is that the above mentioned agreement that I signed is ambiguous by not stating "the last reimbursement" or something along those lines. Also it is not the same as the statement on the company intranet site.

Before I meet with my manager to give notice, I need some advice on whether I am in a good position to fight demands for repayment based on the information above.

I could be wrong but it seems relatively clear although I understand how confusion could happen. However the agreement states if YOU terminate the employment - so immediately that is the situation we are talking about here. It then goes on to talk about your reimbursement. Yes, there is a little ambiguity, but perhaps one could also read this as saying that you will have to repay ALL reimbursement, including the last one and the others. I think it's clear that a reimbursement from four months ago would clearly fall under this situation. Yes, you can say it's unclear and make the argument but I don't know that the company will give in on this one. Good luck with this though!