Q: When to give resignation notice to avoid signing bonus clawback.
I received a $15K signing bonus for a new job last year. I signed an contract agreeing to pay back the bonus if I voluntarily leave within 12 months from date of hire.
I started Oct 11 2021. I accepted a new job offer and would like join on Oct 17th. If I give my two week notice stating my last day as Oct 14th, I would be employed for 12 months.
If I give my notice on Sept 30 stating my intent to leave on the 14th, does that constitute voluntary termination of employment before 12 months even though I intend to be employed past the 11th? If they decline my 2 week notice and force me to leave before the 11th, is that involuntary termination?
Should I wait till Oct 12 2022 to give my notice? I want to do right by might current employer and give them as much notice as possible, but dont want to be stuck paying back the bonus as a result.
A: It would be best to wait until October 12 to give notice to eliminate the potential claim that you must pay back the bonus. Think of it as being paid $15,000 to work those extra few days.
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