recruitment bonus

employee hired and signed 2 year agreement. Given ten thousand dollars up front as part of the agreemnt but must pay it back if they don't stay 2 years. 10 months in the ee opts to leave. is balking at paying back the 10 thousand. new employer will pay it back for them on quarterly basis over next 12 months. Question: ee still has final check coming for about $3000.00 can we hold it as part of the 10,000.00. Fast response appreciated.

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