Judge Shira Scheindlin
Ross Stores employed Lincks as a merchandise buyer from July 26, 2011, until May 25, 2012. Its written June 2011 employment offer included a $25,000 signing bonus, a $10,000 relocation bonus, and paid relocation reimbursements subject to a two-year repayment condition. Lincks resigned May 9, 2012. Ross Stores allegedly failed to provide a promised, full-time assistant. Despite letters in May and June 2012, Lincks did not repay $67,133 in bonuses and reimbursements owed Ross Stores because she resigned within 24 months. In Ross Stores’ contract breach action, the court dismissed Lincks’ counterclaim asserting contract breach for failing to provide her a full-time assistant. Lincks acknowledged that the written employment contract did not memorialize Ross Stores’ alleged promise to provide her with a full-time assistant. However, Lincks may amend her counterclaim to plead fraudulent inducement, based on Ross Stores’ alleged promise of a full-time assistant. Lincks admitted she had a full-time assistant for the first month of her employment. However, it was unclear whether she will allege that Ross Stores intended to keep the assistant, or if the promise was merely the fraudulent inducement upon which Lincks relied.
