Art Clemons on 21 Nov 2003 21:48:03 -0500


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Re: [PLUG] Legal Question


Is this legally binding? Say I'm an employer and I give an employee a $1000 bonus. Accompanying the bonus is a letter stating that if the employee quits or is terminated within six months the employee will have to repay the $1000. The employee isn't required to sign the letter, but cashing the check is taken as agreement with the terms. Can those terms be legally enforced?


IANAL, but I believe that if he didn't sign anything, he doesn't agree
to the terms. Shrink-wrap licenses are similarly unenforceable.


There also is the issue of what employment contract the employee signed as well as what is written on the bonus check. For example, if the check indicates bonus check subject to the letter of Dec. 24, 2002, then theoretically the employee could be bound. Best bet is sadly find a lawyer if the employee quits before 6 months are up.


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