Bait Switching Bonuses

[Joseline Torres]

Jurisdiction

Florida

I have been employed at this company for three months now. The company put out ads in the break room for a retention bonus of 500 dollars for a certain group of people (Mental Health Technicians). They were guaranteed their bonus if they were hired before a certain date and had certain other requirements. It was supposed to be paid out in the upcoming paycheck. However, later on before it was paid out they put up new signs for the retention bonus. They put new qualifications on there and extended the date of which an employee needs to hold employment and remain full time as well as disqualified a certain group of the same people but are receiving a sign on bonus. Is this an illegal bait and switch tactic? Can a lawsuit be filed against the company?

 

[army judge]

Is this an illegal bait and switch tactic?

What you describe isn't illegal.

Can a lawsuit be filed against the company?

Filing a lawsuit against others isn't that difficult, prevailing in your lawsuit should be the goal, which is far more difficult.

 

[retic]

Look at it this way... now you know why the company is having issues retaining employees.

 

[cbg]

Somehow I have my doubts that a sign in the break room constitutes a binding and enforceable contract.

 

[Tax Counsel]

Is this an illegal bait and switch tactic?

No.

Can a lawsuit be filed against the company?

Yes, but the question is whether or not you'd have a shot to win. Depending on the details of the posting there is a slight chance you could make a case for breach of contract. But here's the deal: even if you could win that and get your $500, your employer likely would fire you for suing them over it. That termination would be quite legal. So, do you want to put your job at risk over this change in the retention bonus program? Bear in mind that they may well have future bonus programs that you would get if you stick around.

 

[Joseline Torres]

The first sign's qualifications had an earlier date of payout. But as soon as it was about to be paid out they extended the retention bonus date. So now the employees have to stay another 60 days meeting the requirements as well as new requirements and excluded the new hires that have been employed and have yet to receive their sign on bonus which was supposed to be paid within three months of being there. THAT bonus has ALSO been moved to 6 months.

 

[Zigner]

The first sign's qualifications had an earlier date of payout. But as soon as it was about to be paid out they extended the retention bonus date. So now the employees have to stay another 60 days meeting the requirements as well as new requirements and excluded the new hires that have been employed and have yet to receive their sign on bonus which was supposed to be paid within three months of being there. THAT bonus has ALSO been moved to 6 months.

What does your employment contract have to say on the matter?

 

[Joseline Torres]

What does your employment contract have to say on the matter?

I don't know anything about my contract, is that something I would have to investigate?

 

[Tax Counsel]

The first sign's qualifications had an earlier date of payout. But as soon as it was about to be paid out they extended the retention bonus date. So now the employees have to stay another 60 days meeting the requirements as well as new requirements and excluded the new hires that have been employed and have yet to receive their sign on bonus which was supposed to be paid within three months of being there. THAT bonus has ALSO been moved to 6 months.

While it is not at all likely, as I said before there is a slight chance that the retention bonus announcement could be construed as a contract thus setting up a potential breach of contract case. The exact details of the announcement, and how you reacted to it, would matter. But again, you take a significant risk of losing the job to pursue a slight chance to get $500. That's not a risk I would take in your shoes, but you have to make up your own mind on that.

I don't know anything about my contract, is that something I would have to investigate?

Do you even have a written employment contract with this employer?

 

[cbg]

I don't know anything about my contract, is that something I would have to investigate?

Most people do not have a written contract with their employer unless they are in a union or are a high level executive.

 

[Redemptionman]

Yes, when you sue an employer you will no longer be allowed to work for them, and/ or will be FIRED. So, if you quit and then seek your bonus via small claims then that is one thing but I would suspect you will never work for them again.