Reply to Quitting law firm to go in house immediately after maternity leave

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]
So what is the contract here? You would think the answer to OP's question would be obvious to her if there was a contract.[/quote]

First PP who said there is a contract.  As I said before, contracts don't always spell out everything.  Maybe her contract doesn't cover this issue.  Maybe it does.  If it does, it is likely to be spelled out in her benefits package.  But, even if the contract is silent on this issue, it doesn't mean there isn't a contract.  It just means the contract does not specify the rights of the parties as it pertains to this issue.  [/quote]

Companies/firms can unilaterally change their policies (at least in my state). That isn't how a contract works. [/quote]

They cannot do it retroactively.  In other words, if you have accrued a benefit based on your performance of an agreed upon service, that benefit cannot be taken away retroactively.  It can be withdrawn going forward and then you have the right to either agree or quit your job.  If you agree and continue to work at your job, you have a new contract.  [/quote]

Again this is not true.  If you take a benefit under false pretenses the company can look for reimbursement -- not easy, not usually worth their time, but it is possible.  Bonuses get clawed back all the time.

In OP's case, the problem is that she has accepted another job, knows she will not return and intends to continue to accept the 5 weeks of paid leave.  It is the accepting the other job that puts her at some risk.  If a woman just decided not to return to work at the end of maternity leave, it is unlikely that her employer could prove that she made that decision weeks before the leave ended and was, therefore, unjustly enriched.  When you engage in employment negotiations, however, there is a clear trail.

I don't think OP's employer will go after her for the money.  It is just not worth the time or effort.  Most employers I worked with had insurance that covered a woman's salary when she is out on maternity leave, so they may not be out any money.

The issue I see is one of professionalism.  You need to provide some notice that you are leaving the firm.  It sounds like she has timed things so that the only way she can do that is to provide notice while she is still on leave.

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