My employer gave me two weeks pay during my maternity leave. They have a policy that's part of their employee handbook that if you leave within six months of return you owe that money back.
Do you think that's actually legally binding?
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I think you should look at any contract you have with them. We have to sign something saying we will follow Code of Conduct and have been given and understand a copy of our Employee Handbook....so I would feel bound to mine personally.
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If it's a "policy," then yes. I think it's legally binding. "Handbooks" might be more of a gray area.
At my job, it is part of the job description that a person will adhere to all policies.
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Nevermind. I misread the post.
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Did you sign it to agree? If yes, then I think it becomes part like a contract.
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Good question. DH got fired recently for something that he was not told about or warned about or told of any consequence in the event it happened. They said it was in the handbook. It still makes me wonder.
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If the handbook is stating established company policies, then yes. But i wouldn't say that it's the employee handbook content that is legally binding. He probably gave you the handbook because it's easier to understand and material that is available for distribution to employees.
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Yes, the reason employers put policies in handbooks and have people acknowledge receipt is so they can't dispute they weren't aware of policies and responsibilities. These same handbooks protect employees too.
Your employer may not hold you to it, but get your money together just in case.
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Many companies don't bother to follow up with these things, but they generally are binding since you usually sign something saying you understand the policies. I would be prepared for them to collect. In this case, they may just dock your final check as they would if you took more vacation than you'd accrued.
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My company had this policy and didn't hold me to it!
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@futuremama: yeah that is what I'm figuring. Hopefully they'll forget they have this as it never happens.
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@Eko: just curious, are you looking to change jobs or leaving to stay home?
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@Mrs.KMM: job change. I was planning on waiting out the six months to find a new job, but things went all sideways this week so now I'm looking for a new one now.
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My DH got a signing bonus that he had to pay back if he left before a year, and when he did they just withheld it from his final paycheck(s).
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@Eko: ugh - that sucks! Good luck with the job search!
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@Mrs.KMM: Thanks! I haven't updated my resume in over 3 years and now I have to write a cover letter....vomit. haha.
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@Eko: My guess is they will follow the employee handbook and will withhold from your final paycheck. I had to be very careful on my leaving dates so I didn't owe money back to employer for graduate school costs.
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16 comments