you have to sue the company to recover the retention bonus amount
litigation is long drawn and expensive proposition
Asked to pay back retention bonus without me signing the retention clause contract
I quit my previous employer in 2019. A few months ago, I was being given a retention bonus. I told my manager to either not give it to me or if given, I won't return it. I refused to sign the retention clause that if I quit before 1 year from the date of getting the bonus, I will have to return it. When I quit the company, they added that bonus in the FnF amount as recovery. The company held on to my experience letter. I didn't feel the need for an experience letter until recently in 2023. Since I needed the letter urgently, I paid the entire amount and got the letter. Now I am asking them to credit that retention bonus back to my account because I was not liable to give it back. But the company is refusing to do so. What are my options and what can I do to get my money back?
Asked 2 years ago in Labour
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6 Answers
You are entitled to get retention bonus refunded with interest. You paid then under compulsion of getting the experience letter for your future. Anything given under compulsion can be claimed back as and when compulsion is removed. After issuing demand notice file a suit for recovery with interest, you will get order from Court.
If your demands are are reasonable, justifiable and maintainable, you may issue a legal demand notice demanding the same.
You can contact an advocate in the local and proceed as suggested
Dear Client,
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Documentation: If you have any documentation or evidence that proves you refused to sign the retention clause and communicated your decision to your manager, it could strengthen your position.
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Company Policies and Agreements: Review any relevant company policies, employment agreements, offer letters, or other documents that might pertain to the retention bonus. Sometimes, these documents might outline the conditions under which the bonus needs to be repaid. If you never agreed to such conditions, it could support your case.
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Communication: Gather any written communication (emails, messages, etc.) that might demonstrate your refusal to sign the retention clause or any conversations related to the bonus and your departure.
These could help you to approach the claim legally.
Regards
Prime Legal
Send the legal notice to company about the same
- A retention bonus is a targeted payment or reward outside of an employee's regular salary that is offered as an incentive to keep a key employee on the job during a particularly crucial business cycle, such as a merger or acquisition, or during a crucial production period.
- Since, they added the said bonus in your FnF , it means that the company cannot hold the same , and also to issue an Experience letter to you .
- Hence, you can send a legal notice to the company for getting the same.
