What is considered the termination of employment date? - returning signing bonus

My conditions of employment&nbsp; that I signed state "If, within 12 months of my start date, I voluntarily terminate my employment I agree to repay the Company for any hiring bonus I received in connection with my offer of employment."&nbsp; 12 months are up in August.&nbsp; If I were to give notice now (in June) of my intent to terminate my employment on August 3rd, would that be considered terminating my employment within the 12 months or after 12 months?&nbsp; Obviously I do not want to return the signing bonus, but I believe it would avoid complications for both myself and my employer if they are aware of my intent to leave in advance. <p>&nbsp;</p> <p>Thanks in advance for your help.</p>


Asked over 7 years ago in Virginia
Categories: Contracts  Labour & Employment

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Posted over 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Search the Lawyer Directory.


Mel Williams

Answer by Mel Williams

VerifiedVirginia lawyer


The date that you actually cease to be an employee of the company would be your termination date. 
The risk is that once you give notice the compnay will not honor your request to stay beyond the 12-month period, and then will demand return of the signing bonus.  I think you win that case in litigaiton, but it would be a huge hassle.

Posted over 7 years ago

Melvin E. Williams GRIMES & WILLIAMS, P.C. Franklin Commons 320 Elm Avenue, S.W. Roanoke, Virginia 24016 540-982-3711 540-345-6572 facsimile mwilliams@grimesandwilliams.com www.grimesandwilliams.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Mel Williams, or search the Lawyer Directory.

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