Clawback Question

[Chocaholic]

Long story short:

Worked for employer for 8+ years. Accepted a relocation and received relo assistance with a 24 month clawback provision. I left the company at about 23 months so promptly provided repayment.

After about 13 months, I've been rehired by that same company into a different role. As part of re-hiring, my full tenure was restored.

Pretty sure I know the answer but what are the odds that I'll receive that repayment back? I sent a very polite inquiry to HR. Obviously I should have made that a provision of rehiring but frankly, didn't think of it until now. But, "full tenure" implies I'm credited for never leaving, no?

Not sure if there's any precedence among the braintrust. Appreciate any thoughts. Kind of wondering if I should have even asked.

Thanks,

[masraum]

Interesting. Good luck and congrats.

[ckelly78z]

I think when you chose to quit before the 24 months was up and repayed them for the hassle, that was the end of that. You are lucky to get your full tenure back, a friend of mine left our company to start a job much closer to his home. He quit after 6 months and came back to my company and lost his pension and all seniority.

[chocolatelab]

Im interested to see how this comes out.

Please update.

I have been finding lately that our HR department (UTC company) is incredible.

Only when you ask though. They are generally tight lipped. But when you ask its amazing what doors open.

[mreid]

If you didn't make it a condition of rehire (sign on bonus), good luck! However, it never hurts to ask. Both Elizabeth Amato and Nadia Villenueve (assuming you are with Pratt Whitney) are excellent HR leaders and free thinkers. Make a polite, but good case and see what happens.

[Chocaholic]

I wonder what a pure legal evaluation might yield. My guess is HR will speak with legal for their input. Would a recovered payment be, well, recoverable in the event of full tenure restoration?

I'm pretty sure the answer will be "no". Kicking myself for not even thinking about this through the rehiring process. I'm pretty sure I could have recovered it at that time. Will post the outcome, but guessing it could be a week or two...assuming I get a response at all!

[mreid]

There are no legal requirements. Simply company policy and leader goodwill.

[Neilk]

So did you pay the full relocation back, or just a portion since you essentially fulfilled 95% of the commitment?

Was there no way to ask the other company to hold 30 days?

[stomachmonkey]

No harm in asking.

If the answer is no then suck it up, file it away in the "lessons learned the hard way" folder and move on.

I would not make a huge deal out of the company holding me to my commitment and my mistake of not thinking it through.

In a nutshell, you bought it, you own it, they are not responsible for your remorse.

YMMV