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Originally published Sunday, September 7, 2008 at 12:00 AM

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Ask the Headhunter

Reimbursement agreement over moving expenses may not be negotiable

Nine months ago I accepted a job that required a move from another state. I signed an agreement saying that if I were to leave before one year is up, I would reimburse the company for my moving expenses. Things are not working out, and I have an offer to join a company where I used to live. Are such agreements enforceable? I'm sure my next employer won't wait three months for me to start. Any ideas?

Syndicated columnist

The headhunter challenge

Performance review: pleasure or nightmare?

Job interviews produce a lot of anxiety and stress. But there's another stressful career-related meeting that doesn't get the attention it deserves: the employee-performance review. Did your boss make your review a pleasure or a nightmare? Tell us about "My Boss":

1. Used my review to pop surprise problems — things never mentioned during the year.

2. Was unprepared and had no real idea what I'd done right during the year or what areas I need help in.

3. Used the review to dress me down without suggesting how I can improve.

4. Gave me useful feedback that will help me improve my performance.

The Headhunter Challenge is published each month. Go to www.nwjobs.com/headhunter to cast your vote, see how you stacked up against others and read The Headhunter's opinion. A version of the opinion will run in this space next Sunday.

Q: Nine months ago I accepted a job that required a move from another state. I signed an agreement saying that if I were to leave before one year is up, I would reimburse the company for my moving expenses. Things are not working out, and I have an offer to join a company where I used to live. Are such agreements enforceable? I'm sure my next employer won't wait three months for me to start. Any ideas?

NICK'S REPLY:

Companies make new hires sign reimbursement agreements because they don't want to lose their investment in the relocation. It's a perfectly reasonable way for a company to protect itself. I would not test the employer's willingness to take legal action against you, or to withhold the money from your last paycheck. If that's your plan, talk with a lawyer before you act.

I think you have two options:

• Swallow the moving cost and write it off as a learning experience, because ultimately it might cost you more to fight the agreement and to delay starting the new job. You might try to negotiate some sort of deal, say, a prorated reimbursement rather than the whole enchilada.

• Ask the new employer to cover your loss. They may be willing to do this if you're completely upfront about it and explain that this is what it will take to get you to move now rather than in three months.

There are risks either way. It depends on both companies. You might inquire discreetly to learn whether your current employer has held employees accountable, but you risk word getting out that you're considering leaving.

Bottom line: Decide what the worst case is, figure out what it's going to cost you, and factor it into your budget. If you can get one of the two companies to help out, great. But this is your problem, not either company's. Don't let it screw up your career or your life. (Remember that moving expenses can be tax-deductible, so you could recoup part of the loss.)

I wish you the best in your next job.

The headhunter tip: Jobs aren't hot, people are

The news media make a big deal about which careers are "hot." Just because a career is hot doesn't mean it's for you.

When you chase a hot job, you follow a pack of opportunists. You will never be as successful as those who hold this kind of job because they love it. They will run circles around you because their motivation runs deep.

The best jobs are the ones that you burn for. You see, what really counts is not hot jobs but hot workers. People who sweat blood to be the best. People who can make a difference in their chosen field. People who can grow to be recognized as experts. People who survive the opportunists.

How hot you are matters much more than what's hot today, because it's your passion and interest in your career that will make you burn long and bright. Your competition will simply burn out.

Nick Corcodilos is author of "Ask The Headhunter: Reinventing the Interview to Win the Job" and the host of www.asktheheadhunter.com. He can be reached by e-mail at seattle@asktheheadhunter.com or at North Bridge Group, P.O. Box 600, Lebanon, NJ 08833. Sorry, no personal replies.

Copyright 2008. Distributed by United Press Syndicate

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