I moved from Michigan to Kentucky to start with a new company in April of 2016. As part of my contract, there was a fairly sizable relocation package which we used to cover the loss of selling our home and typical moving expenses. A little over a year later and I am ready to leave the company, as nothing about this job has been what was presented during the interviews and I am just miserable here. I am concerned about the relocation payback clause, however there appears to be some ambiguity in the contract as it does not clearly specify when it has to be repaid. And I know that traditionally speaking in the terms of contract ambiguity, favor goes to the person who did not write the contract.
Do I have any wiggle room here? Would I be able to fight this by saying I'd agree to pay it back over an extremely extended period of time?
"In the event that you resign or the Division terminates your employment for cause at any time during the twenty-four (24) months following your reimbursement, any such relocation expenses shall be repaid by you to the Division."
There is no ambiguity. What is left out is the time for repayment, so there may be a missing term, which may make the clause vague. Vagueness is not ambiguity. Generally, when the term is absent, industry standard applies and, in the absence of a standard, a reasonable interpretation shall be provided by court. In this case, you may very likely be obligated to repay the relocation fees immediately upon your termination for cause within 24 months of commencement. I would suggest you contact a local transactional attorney and have them review the contract.
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