My offer letter says that I will have to pay back my hiring bonus if I leave my new job in less than 12 months. If I start the job and find that important details of the company and position were misrepresented during the interview process, is there a way that I can quit and not have to pay back the hiring bonus? What would they do to collect it?
Paul in San Diego
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It's expensive and time consuming for a company to hire and orient a new employee. So, they give you the hiring bonus as an incentive to get you to work there and stay there for at least 12 months. If you leave for any reason - they fired you or you quit - and do not last the specified 12 months, you must pay it back.
First, they will ask that you pay it back upon termination (while filling out all the termination paperwork), probably in a written letter. If you don't pay it back in a timely manner, they then have the option of taking you to court. In that case, they will probably demand that you pay all legal fees associated with that court appearance.
Now, I don't know if misrepresentation of a job description during the hiring process is a legal issue. Maybe it's just unethical. But, you might try calling a labor law attorney to find out what legal options you have regarding the misrepresentation. If it turns out you have a legal recourse, you might be able to negotiate not paying the hiring bonus back in exchange for you not taking them to court for the misrepresentation.