Re: Employer refusing to pay individual performance-based bonus
- From: "McGyver" <Greyprof@xxxxxxx>
- Date: Wed, 31 May 2006 13:54:21 GMT
<morpheus777@xxxxxxxxx> wrote in message
news:1149039758.836586.325570@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
When I accepted the job with my employer, the agreed upon compensation
included a quarterly bonus that would be paid out based on INDIVIDUAL
performance. This was clearly indicated in the offer letter. My
employer did performance reviews and paid the bonus accordingly for 1.5
years. In 2005, the employer stopped paying the bonus even though I
continued to meet performance goals. There was no official
communication or explanation regarding change in terms of compensation.
I was told informally by my manager that bonus would be paid out at the
end of the year. Now, they have paid bonus for only 1 quarter and claim
they are not obligated to pay bonus for the other 3 quarters.
I strongly feel that this is not commensurate with the letter, spirit
and practice of my compensation terms. Do I have any recourse?
If you are in a state or country which is similar to California in this
respect, you can file a claim with the state labor comissioner. Success
there is not a sure thing. I can't tell from the facts given whether the
commissioner's office would consider your bonus arrangement to be wages.
But filing the complaint is free and if the commissioner takes the case,
they will collect for you.
You can also sue for breach of contract. If the employment situation is
at-will, the employer has the right to change the compensation of the
employee by giving notice of the change to the employee. In your case they
owe you the bonus under the old deal through the date of notice to you.
From the date of that notice the deal is changed.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com
McGyver
.
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- Employer refusing to pay individual performance-based bonus
- From: morpheus777
- Employer refusing to pay individual performance-based bonus
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