{ "media_type": "text", "post_content": "Hello Everyone! Had a discussion yesterday regarding “claw backs” being included in a policy for sponsorship if the new employee leaves before 3 years. It was a declining percentage over a three year period. My POV was that it wasn’t something I’ve ever done and didn’t seem like they were sure of the hire they were making. I get wanting to save costs but at the same time doesn’t feel inclusive or welcoming. Thoughts? Have you done this or seen it work? Thanks!", "post_id": "616655d89a17990027390e14", "reply_count": 3, "vote_count": 1, "bowl_id": "5682e6afd55b9e0f00fce669", "bowl_name": "Human Resources" }

Hello Everyone! Had a discussion yesterday regarding “claw backs” being included in a policy for sponsorship if the new employee leaves before 3 years. It was a declining percentage over a three year period. My POV was that it wasn’t something I’ve ever done and didn’t seem like they were sure of the hire they were making. I get wanting to save costs but at the same time doesn’t feel inclusive or welcoming. Thoughts? Have you done this or seen it work? Thanks!

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We do it actually. Sponsorship is expensive and if we invest that kind of time and money because we believe in you and we want to help you stay here, there has to be something that doesn’t say let’s get you your legal docs so you can now go work somewhere else. We lay out the clawback at the time of application and it’s very clear. If you leave during the process or within the first year after it’s complete, you will owe 100% of what has been paid in to the process. Our attorneys are working hard on this stuff and it’s fair to recoup it back. If you leave between month 13-24 of sponsorship received, you will owe 50%. After two years, there is nothing. But I think a lot depends on how big your company is and how many of these you do a year. If you do maybe 1-5 a year, I would look at it as a coat of doing business and not have a clawback. We are a large company and do a lot of these through the year so it’s a lot of money and time invested so you are protecting that investment.

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Yes. We have a clawback for all upfront investment including relocation (moving/Corp housing, broker etc), work authorization costs and for some levels of sign on bonus. It’s an investment when you do these at scale. However, NYS does not allow employers to self remedy such as offsetting reimbursements, if they choose to leave and don’t pay back. The only remedy is small claims in that case.

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