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A clawback is a contractual provision whereby money already paid to an employee must be returned to an employer or benefactor, sometimes with a penalty. Many companies use clawback policies in employee contracts for incentive-based pay like bonuses. They are most often used in the financial industry.
When you find clawback language in an employment contract, this allows an employer to demand the return of money already paid to an employee. They are common in any employment contract that includes a sign-on bonus, incentive pay, or other forms of executive compensation.
So, what happens when an employee leaves the company prematurely? Quite simply, the employee must repay the sign on bonus. The process of getting these funds back is often called a ?clawback.? Below are a few common scenarios a company might encounter when negotiating the repayment of a sign-on bonus.
Clawbacks usually apply in cases of fraud or employee misconduct and companies can use them to recover Medicaid payments, executive-level bonuses, company pensions, life insurance payments or shareholder dividends.
A clawback is a contractual provision that requires an employee to return money already paid by an employer, sometimes with a penalty. Clawbacks act as insurance policies in the event of fraud or misconduct, a drop in company profits, or for poor employee performance.