relocation with class 1 Railroad

Back in August of 2008, I was transferred from Oklahoma to Texas with my railroad company. Part of the relocation, I was given approximately 12k to move(lump sum to help with relocation expenses...etc...), and assistance from a relocation company to sell my home. Up until Tuesday (3-10-2009), they still haven't hired for my position in Oklahoma and I was having to work both areas. So, for 7 months I was working oklahoma and texas and having to spend numerous amounts of money from my relocation lump sum. With this lump sum, we are not required to keep any receipts or expense reports and also per the contract I do not have to pay this money back unless I quit w/in 2 years, terminated, or refuse to move. Also, I had sold my home and set to close on it on 3-18-2009, movers coming the 16th and 17th, kids pulled out of school, etc....all the things you would do to prepare for move. On Tuesday, 3-10-2009 I received a call from the HR Director and my Superintendant stating that my job in Texas had been eliminated due to the economy, were stopping the sale of my home, to turn my company vehicle in, were placing me back in Oklahoma, and they wanted every penny they gave me for relocating. For 7 months I have been working where they were transferring me to. I have received a harassing email from the HR Director asking for the money back and also, when I looked on the company job board, my job had been reposted. Can they do that legally since i was scheduled to do that and had sold my home? Also, according to my contract I shouldn't have to pay them back!!!! I think it's big corporation trying to bully the little guy!!!! They have caused unnecessary stress on my family!! Anything I can do?

Although I haven't seen the contract, and unless there is specific language allowing them to cancel this agreement, you are under no compulsion to return this money and I believe they are liable for the cost incurred in the sale of your home, relocating you BACK where you came from, etc.

You cannot afford NOT to hire the best attorney you can find and go after this company IMMEDIATELY. These corporations have DEEP pockets and you MAY be able to find an attorney who will accept the case on contingency if it really is a cut and dried (so to speak ) as you make it appear.

Good luck---time is of the essence.

Your railroad union might give you some support in this, but just in case you are not in a union, I would suggest that you are at risk of being let go in BOTH places if you simply refuse. You need to talk to your manager's manager and explain the requirements of your commuting have eaten away at your relocation budget over such a LONG relocation period so that you are unable to pay it back. The BOSS needs to know that it was used for travel expenses just as it was suppose to have been used and that they can't demand you move, move you, give you money to go back and forth so you can do BOTH jobs and then decide they want their expense money back. The cat is out of the bag... The money is spent as they directed. They seem to have a management problem.