I was recently fired mid-May due to inability to properly perform the tasks assigned. I was basically raised too high and too quickly and wasn't able to perform the job of a manager as expected. However, I was not given a bonus for 2008, even though the rest of the company received a bonus in early May, at least 2 weeks before letting me go. There is no signed contract regarding this, but a verbal agreement that the bonus is part of my compensation. I did very good work in 2008 and deserved some bonus, but am not sure if they are legally obligated to pay me one. What should I do? The company itself is small, only 15 people and the field is consulting. Please let me know if you need further information. Thanks.
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No Bonus Recieved for 2008 after Being Fired
- Thread Starter dcguy2525
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cbg
Super Moderator
Bonuses are not addressed directly by law.
Depending on the exact wording of the bonus agreement, it may or may not be considered part of your wages. State law will affect this as well.
I can tell you that it is very common and legal in most states, for there to be a policy that you will only share in the bonuses if you are employed by the company on the date of the payout. The only time I've personally seen this fail was once about ten years ago when a judge ruled that under a quirk in state law, (the state was Connecticut) the way our plan was worded made it a "deferred comp plan" and we were ordered to pay the employee not only that year, but the following year as well, even though he'd not been in our employ for months. But that was an exception caused by an oddity in state law; the same wording of the same plan passed muster in all ten of the other states where we had a presence that year. So I wouldn't suggest that you count on prevailing.
However, as indicated, the exact wording and the exact state law can work in your favor. So it's certainly worth running the question by an attorney in your sate.
Depending on the exact wording of the bonus agreement, it may or may not be considered part of your wages. State law will affect this as well.
I can tell you that it is very common and legal in most states, for there to be a policy that you will only share in the bonuses if you are employed by the company on the date of the payout. The only time I've personally seen this fail was once about ten years ago when a judge ruled that under a quirk in state law, (the state was Connecticut) the way our plan was worded made it a "deferred comp plan" and we were ordered to pay the employee not only that year, but the following year as well, even though he'd not been in our employ for months. But that was an exception caused by an oddity in state law; the same wording of the same plan passed muster in all ten of the other states where we had a presence that year. So I wouldn't suggest that you count on prevailing.
However, as indicated, the exact wording and the exact state law can work in your favor. So it's certainly worth running the question by an attorney in your sate.
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