Breach of contract? Final paycheck question...

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lawguest

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sorry this is a cross post. I posed on another board by mistake.
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Hi Folks. I have a question about my employment contract and how much of a hardazz I can be given I've recently resigned and am expecting a final paycheck next week.

My company changed senior executives in Q3 last year. Apparently my boss, our outgoing President, didn't tell our new Prez that I had a bonus plan. So, I basically sprung it on her when we met in January to do a "year in review" kind of thing. It is written pretty poorly. It is based on a "business plan objective" that is not really stated nor really measureable. I basically have a target customer size segment that I sell a product to but we don't track our sales like that. And I don't get a commission on the sales - we have sales guys that get that, but they get paid on projections not the actual revenue booked (we're a consulting services firm). From a management perspective it's a really stupid plan and I think the reason my Prez agreed to it was because he didn't think he'd really ever have to pay it. And honestly I didn't think it would either, but as it turned out we had a pretty good year last year, and we sold some pretty big deals in my "target market." So, when I look at the year overall, there was a lot of revenue made in my market segment that used my product.

So, going back to this conversation I had in January, I told my new Prez that "based on deal x and deal y alone, I think I really did make my target last year" which pretty much flipped her out. My top bonus oppty is 50% of my base. It's no drop in the bucket if I'm right.

Now, to make matters worse, here it is two months later and I've totally let her slide. We've all been very busy, and I've been even more busy interviewing for a new job. I accepted the offer this week and resigned. So, here I am leaving and still no payout. Going back to my poorly written contract, the payment terms are 30 days but no later than 90 daysafter the end of the annual period , and I just had to be employed on the "date performance pay is earned" to get it. The only thing I can see is some verbiage in the termination clause about my final paycheck being limited to "salary and other earned compensation." Well ask me and I consider this earned. Just because she can't quantify it isn't my problem, right? Well it is, but it isn't since I can't look it up anyway. I would if I could but I don't have access in our internal systems.

So the question is how much of a hard ass should I be in getting this payout in my final check, which should be next Friday. Or do I cut her some slack and give her 30 days to pay? WWYD?? If it makes any difference, I am in California and our hq is in Atlanta.

Thanks!
s :confused:
 
If your contract says that your prior employer has 30 days to pay you the money then they have 30 days. You can always discuss the amount of the check amicably and find out how much they intend to pay you but that doesn't change the time limit.

lawguest said:
Hi Folks. I have a question about my employment contract and how much of a hardazz I can be given I've recently resigned and am expecting a final paycheck next week.

My company changed senior executives in Q3 last year. Apparently my boss, our outgoing President, didn't tell our new Prez that I had a bonus plan. So, I basically sprung it on her when we met in January to do a "year in review" kind of thing. It is written pretty poorly. It is based on a "business plan objective" that is not really stated nor really measureable. I basically have a target customer size segment that I sell a product to but we don't track our sales like that. And I don't get a commission on the sales - we have sales guys that get that, but they get paid on projections not the actual revenue booked (we're a consulting services firm). From a management perspective it's a really stupid plan and I think the reason my Prez agreed to it was because he didn't think he'd really ever have to pay it. And honestly I didn't think it would either, but as it turned out we had a pretty good year last year, and we sold some pretty big deals in my "target market." So, when I look at the year overall, there was a lot of revenue made in my market segment that used my product.

So, going back to this conversation I had in January, I told my new Prez that "based on deal x and deal y alone, I think I really did make my target last year" which pretty much flipped her out. My top bonus oppty is 50% of my base. It's no drop in the bucket if I'm right.

Now, to make matters worse, here it is two months later and I've totally let her slide. We've all been very busy, and I've been even more busy interviewing for a new job. I accepted the offer this week and resigned. So, here I am leaving and still no payout. Going back to my poorly written contract, the payment terms are 30 days but no later than 90 daysafter the end of the annual period , and I just had to be employed on the "date performance pay is earned" to get it. The only thing I can see is some verbiage in the termination clause about my final paycheck being limited to "salary and other earned compensation." Well ask me and I consider this earned. Just because she can't quantify it isn't my problem, right? Well it is, but it isn't since I can't look it up anyway. I would if I could but I don't have access in our internal systems.

So the question is how much of a hard ass should I be in getting this payout in my final check, which should be next Friday. Or do I cut her some slack and give her 30 days to pay? WWYD?? If it makes any difference, I am in California and our hq is in Atlanta.

Thanks!
s :confused:
 
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