Repay signing bonus after significant change in job responsibilities?

[bmatthewb]

I joined the company with a significant signing bonus with the proviso that I would repay if I resigned prior to 12 months of service.

All of this was documented in the letter describing my title, band, etc.

Fast forward 7 months after accepting; the business unit I work in has changed significantly under new leadership and my hiring manager (VP level) has stated many times that my job has changed significantly (more that 50%); in fact, my supervisor is resigning due to the change in direction.

Do I have legal ground to stand on if my supervisor agrees my position has changed to not repay the signing bonus if I leave? My thoughts here are that this is similar to a RIF; the reason for my departure would be the significant change in the job I accepted the bonus to perform.

 

[cbg]

Since we can't read the documentation regarding your signing bonus from here, we can't say. You'll need to show it to an attorney in your state.

However, unless it specifies that a change in responsibilities will result in the agreement being void, I wouldn't count on being able to leave within the 12 months without paying back the bonus.

 

[bmatthewb]

Since we can't read the documentation regarding your signing bonus from here, we can't say. You'll need to show it to an attorney in your state.

However, unless it specifies that a change in responsibilities will result in the agreement being void, I wouldn't count on being able to leave within the 12 months without paying back the bonus.

Thanks. One note to the above; the responsibilities I have been hired to perform no longer exist; in essence, my job has been eliminated. Also, my boss left the company before the 1 year mark and the sign-on was forgiven.

Does this change your position?

Thanks very much!

 

[cbg]

No, it doesn't. Without reading the agreement there is no possible way to say whether the bonus is still repayable, but unless it specifies that a change in responsibilities or a job elimination will void the agreement, it is very likely still valid.

Also, we don't have any way of knowing if your boss had an identical agreement or if the terms were different. The fact that it was forgiven for him does not mean they will do so for you if you signed different agreements.