Year End Bonus - Entitlement?

ctut

New Member
Jurisdiction
Ohio
I have been terminated by my employer this year (alleged reason: performance). Severance agreement says that short term incentives are not included, yet presents an Exhibit which says that the company policy requires that any employee needs to be employed by the company on the day of the bonus payment to be entitled for the bonus. For any given year, typical year end bonus payments happen in March of the following year. I'd like to find out how courts would view this case under Ohio/Federal law. Am I entitled to my bonus (as an earned right), or not? Thanking you in advance.

I have been terminated by my employer this year (alleged reason: performance). Severance agreement says that short term incentives are not included, yet presents an Exhibit which says that the company policy requires that any employee needs to be employed by the company on the day of the bonus payment to be entitled for the bonus. For any given year, typical year end bonus payments happen in March of the following year. I'd like to find out how courts would view this case under Ohio/Federal law. Am I entitled to my bonus (as an earned right), or not? Thanking you in advance.
 
Things like bonuses are contract issues unless the bonus is used to get you to a federal or state-required minimum.

I don't know what you mean by

Severance agreement says that short term incentives are not included.

Not included in what?

yet presents an Exhibit which says that the company policy requires that any employee needs to be employed by the company on the day of the bonus payment to be entitled for the bonus.

There you go.
 
Things like bonuses are contract issues unless the bonus is used to get you to a federal or state-required minimum.

I don't know what you mean by



Not included in what?



There you go.
My year end bonus for 2019 is not included in what the Company is offering me as part of the severance package they are providing under the Separation Agreement and Release they'd like me to sign.
 
I have been terminated by my employer this year (alleged reason: performance). Severance agreement says that short term incentives are not included, yet presents an Exhibit which says that the company policy requires that any employee needs to be employed by the company on the day of the bonus payment to be entitled for the bonus. For any given year, typical year end bonus payments happen in March of the following year. I'd like to find out how courts would view this case under Ohio/Federal law. Am I entitled to my bonus (as an earned right), or not?

If the policy is that you have to be employed on the day of the bonus payment to have an entitlement and you're not employed on that day, it seems pretty obvious how that would turn out. Neither any state nor the federal government has a law that prohibits such a policy.
 
If the policy is that you have to be employed on the day of the bonus payment to have an entitlement and you're not employed on that day, it seems pretty obvious how that would turn out. Neither any state nor the federal government has a law that prohibits such a policy.

I did not leave the company on my own will, but was terminated (2 months prior to pay day). Would that not factor in the court's decision on whether I was entitled to such bonus or not.
 
I did not leave the company on my own will, but was terminated (2 months prior to pay day). Would that not factor in the court's decision on whether I was entitled to such bonus or not.
Based only on what you've said...nope. It's pretty ctut and dry.
 
I did not leave the company on my own will, but was terminated (2 months prior to pay day). Would that not factor in the court's decision on whether I was entitled to such bonus or not.

Given that you asked the question in the negative, the answer is yes -- i.e., it doesn't matter that you were fired.
 
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