T
triplem
Guest
- Jurisdiction
- North Carolina
I signed a "emploment contract" January 1st when my company moved from Mooresville NC to Asheville NC. It reads"
Effective Jan 4th 2016 your base pay was raised to: ____
You will continue to receive your monthly stipend of ___ monthly
The company is providing you $2,500.00 on time moving allowance to you to cover your cost of relocating to Asheville. This is the only payment or expense reimbursement you will receive.
In return you agree to continue employment with the company until Jan 2017. if you voluntarily resign from the Comapny prior to that date (in the absence of unusual or dire circumstances) you will be required to repay the $2,500.00 moving allowance to the company.
Ever since the relocation we have had less and less work until the last month and a half, no work at all. I would literally sit around all week and wait for my paycheck. Vendors began were calling threatening to file charges for payment, we could not order anything to complete any work, no work came in for us to work on. I had trouble with 1 paycheck cashing but was cashed the next day after I complained. 3 weeks ago I arrived to work with a notice taped on the door of unpaid rent and without failure of payment we would have to be evicted by THAT day as the power and water was unpaid as well. (The notice was 10 days old already) At this point I began looking for another job because I could afford to be unemployed. I found another job and resigned from my position stating that I was operation my decision under the dire circumstance that the company could not pay its bills and would be unable to employ me. In my notice I offered to work a 2 weeks but that was not needed because... there was no work so they turned me away. We are paid every week and one week behind so I was due a paycheck today for $800.00
one week after resigning i receive a text message saying:
Hi I was told you resigned last week. Best of luck in your future. IN terms of pay, what you agreed to was to work for a year in exchange for the $2,500 stipen we paid you back in January. We also gave you a raise.
There are no unusual circumstances legally giving you an out from the letter you signed. You never missed a pay check. Your supervisor never changed. You never complained about your supervisors. You were never hraassed or work in a hostile work environment that I am aware of. So legally, there are absolutely no unusual circumstances which would have resulted in you not being technically required to pay back the $2,500.00.
We have no plans to go after the full amount you owe us. You were owed approximately $800.00 gross pay for your pay last week which we are deducting from you $2,500.00 owed but we are not planning on seeking reimbursement for the remaining $1,700.0
Since you resigned you are not eligible for unemployment or any other assistance from Sci Cool. Best of luck in the future.
I believe that the wordage used in the "employment contract" of unusual & dire is is enough to cover me for the fact of resigning. I also believe that I am owed my last paycheck.
Can someone please advise?
Effective Jan 4th 2016 your base pay was raised to: ____
You will continue to receive your monthly stipend of ___ monthly
The company is providing you $2,500.00 on time moving allowance to you to cover your cost of relocating to Asheville. This is the only payment or expense reimbursement you will receive.
In return you agree to continue employment with the company until Jan 2017. if you voluntarily resign from the Comapny prior to that date (in the absence of unusual or dire circumstances) you will be required to repay the $2,500.00 moving allowance to the company.
Ever since the relocation we have had less and less work until the last month and a half, no work at all. I would literally sit around all week and wait for my paycheck. Vendors began were calling threatening to file charges for payment, we could not order anything to complete any work, no work came in for us to work on. I had trouble with 1 paycheck cashing but was cashed the next day after I complained. 3 weeks ago I arrived to work with a notice taped on the door of unpaid rent and without failure of payment we would have to be evicted by THAT day as the power and water was unpaid as well. (The notice was 10 days old already) At this point I began looking for another job because I could afford to be unemployed. I found another job and resigned from my position stating that I was operation my decision under the dire circumstance that the company could not pay its bills and would be unable to employ me. In my notice I offered to work a 2 weeks but that was not needed because... there was no work so they turned me away. We are paid every week and one week behind so I was due a paycheck today for $800.00
one week after resigning i receive a text message saying:
Hi I was told you resigned last week. Best of luck in your future. IN terms of pay, what you agreed to was to work for a year in exchange for the $2,500 stipen we paid you back in January. We also gave you a raise.
There are no unusual circumstances legally giving you an out from the letter you signed. You never missed a pay check. Your supervisor never changed. You never complained about your supervisors. You were never hraassed or work in a hostile work environment that I am aware of. So legally, there are absolutely no unusual circumstances which would have resulted in you not being technically required to pay back the $2,500.00.
We have no plans to go after the full amount you owe us. You were owed approximately $800.00 gross pay for your pay last week which we are deducting from you $2,500.00 owed but we are not planning on seeking reimbursement for the remaining $1,700.0
Since you resigned you are not eligible for unemployment or any other assistance from Sci Cool. Best of luck in the future.
I believe that the wordage used in the "employment contract" of unusual & dire is is enough to cover me for the fact of resigning. I also believe that I am owed my last paycheck.
Can someone please advise?
