Repay Sign-on bonus after resignation

[sun_]

Hi,

My recruiter negotiated a sign-on bonus with my new position. They did this to increase my total salary closer to what I wanted. The terms in my
offer letter state it is payable after 90 days - no other criteria.

The 90 days have past and I received my bonus. However, I have just decided to
switch jobs due to family issues (full time to part time). The recruiter just
contacted me and said I have to give back the bonus. He said this was due to
the fact that I was not with the company for a year. I was very surprised by
this since there was no mention of this in my offer letter nor was it
communicated verbally until now. When I pointed this out, he said it is an
industry standard.

I've asked around with some of my colleague in my same industry and they had not
heard of this standard. Is this true? Am I required to give it back? Please help.

 

[Throwback]

Sun,

Seek the advice of a legal expert about your issue. Generally, a bonus is a gift, or consideration in exchange for the acceptance of an offer of employment and not for continuation of employment for a certain period of time. As for the recruiter stating the refund of a sign-on bonus after an early resignation is industry practice, that is only the recruiter's opinion and possibly his attempt to influence you. If this is practice, it is just that--practice and not an obligation. It seems that you acted in good faith and would have continued your employment if your situation allowed.

John