Alaska News

Lynne Curry: Leaving awful new job might be costly

Q: Eight months ago, I accepted a position in rural Alaska. I was solicited by a reputable employee search firm to become the chief executive officer of an 8(a) corporation that had been struggling but was "going places." The offer was excellent and our written agreement included a relocation bonus that more than covered my moving expenses. The catch: If I didn't stay the full year, I needed to pay back the relocation bonus.

I did my due diligence prior to accepting the offer. I visited the corporation and met the hiring committee, three members of the board, and the two staff, who seemed nice enough. I asked why the past CEO had left and learned that the board had fired him "for cause." Since I'd been on the job market for five months and had no other viable offers, I thought, "How bad could it be?" I figured I'd stay the year and that would give me time to secure another job back home, plus I'd have gained valuable experience.

It's been intolerable. The board is impossible to work with. The corporation lacks the funds needed to hire the proper staff needed to really turn the situation around. The two employees are incompetent and passive-aggressive. The corporation does have assets, which were listed on the financial statement I saw prior to accepting the position, but the board refuses to sell them to accomplish what they say they want.

If I leave before the year, will I have to repay the relocation bonus, given the board's misrepresentation of the situation?

A: Although I'm not an attorney, the document you signed may contain many of the answers you seek. Does the agreement explicitly exclude any prior written or oral promises? Does it detail the circumstances you deem misrepresentations? Above your signature line, did it state that you understood the agreement and assented to it voluntarily?

In a similar 2013 case, Dresser-Rund Co. v Bolick, a relocated manager argued the agreement requiring he pay back his relocation bonus wasn't enforceable. He alleged fraudulent misrepresentation because he'd been promised a promotion he never received. He lost.

Further, your own assertions weaken your case. You say you did "due diligence," examined the financial statements, and were aware the corporation was "struggling." As a CEO candidate, a third party might expect you to have accurately assessed the situation, including the warts, before you accepted the offer, warts and all.

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Finally, who most misrepresented the situation at time of hire, you or the three members of the board? They may have felt they were hiring someone who'd show them loyalty and who had the expertise to help their corporation succeed. You continued job searching even after you accepted their offer. What results did you achieve for this 8(a) corporation in exchange for the salary they paid you? You wanted to gain valuable experience, and you may have. What did they get?

Q: I accepted a job offer from a company that needed me to start the following week. I quit my former job and gave them only three days' notice because I needed a short break in between the two jobs. When I arrived at my new job, I was told there was a problem with one of my references and my job offer was being rescinded.

My former employer won't take me back even though they haven't yet hired my replacement, saying my short notice showed them I had no loyalty.

Does the company that offered me the job need to give me something for the time I'm out of work until I find something new? I wouldn't have quit with less than two weeks' notice except they told me they needed me right away. What can I tell my former boss that will help him rethink the situation?

A: If your new employer hired you "at will," they can terminate you for any or no reason, even on your first day at work.

Unless you take responsibility for your actions, you may be out of luck expecting your former boss to rethink the situation. Employers have the right to expect two weeks' notice and you left them in the lurch. In the same way you made your decision in your best interest, they may now act in their best interest -- by looking for a long-term employee.

Lynne Curry | Alaska Workplace

Lynne Curry writes a weekly column on workplace issues. She is author of “Navigating Conflict,” “Managing for Accountability,” “Beating the Workplace Bully" and “Solutions,” and workplacecoachblog.com. Submit questions at workplacecoachblog.com/ask-a-coach/ or follow her on workplacecoachblog.com, lynnecurryauthor.com or @lynnecurry10 on X/Twitter.

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