On April 15th, employment law attorneys Thomas D. Rees, Esq. of High Swartz LLP and Jonathan D. Wetchler, Esq. of Duane Morris LLP presented a session on Paybacks, TRAPs, Clawbacks, and Forfeitures - What Can and Can't be Done at the PBI Employment Law Institute 2024 in Philadelphia.
Former employees often pursue pay claims against employers, but employers may also make claims against ex-employees to forfeit or recover pay or bonuses. The PBI session explored training repayment agreement provisions (TRAPs), tuition recovery, repayment of signing and stay bonuses, “stay or pay” contracts, compensation claw-backs for improper conduct (including those in executive agreements), forfeitures for competition, and repayment of draw advances. The discussion included recent court decisions and statutory and regulatory limits on employer claims.
High Swartz LLP partner Thomas D. Rees heads the firm's Litigation, Employment Law, and Education Law practices. He focuses primarily on employment and labor law and private education law. Tom also serves employers in a wide variety of non-litigation matters, including contract negotiation, preparation of policies and procedures, and hiring and termination. These services help employers avoid and resolve disputes without resorting to the courtroom.