Was Terminated 4 days before bonus payout

[xidyges]

Was recently terminated by my company, 4 days before bonuses were paid out. The bonus I was set to receive was based off of 2010 performances which ended Jan. 31st, 2011. Company does not pay out that bonus until April 15th. When I asked if I would still be receiving my 2010 bonus, I was informed that I had to be on company payroll on April 15th in order to receive it. Is this allowed? Company is straight keeping 6-7k before taxes that I earned in 2010.

Can someone help me please. Would I have a case if I contacted a lawyer to collect this money? Really appreciate your feedback and help.

Thank you,

-Gabe

 

[Peppermint]

Yes, this is legal in Nevada and, in fact, most other states.

 

[xidyges]

I appreciate your feedback. Not sure if you know the answer but is there any possibility I can collect this bonus if I hire a lawyer?

And don't know if this makes a difference but when I was terminated, they failed to pay me out one week of vacation I had on my vacation bank. So they will be cutting that check out shortly. Would this qualify that I am still on payroll as the payout for my vacation will be after the bonus date?

Again thank you for your feedback.

-Gabe

 

[Peppermint]

Maybe. If the commission agreement can be construed to be a contract.

And no, termination date is termination date. The fact that your vacation payout is cut after your last day worked does not mean you are an employee until that time.

 

[army judge]

This is what you are trying to find.

Go to the link.

http://www.shrm.org/LegalIssues/Sta...ulations/Documents/paymentupontermination.pdf

 

[umbra123]

Hi Gabe-

Is this a written company policy- part of your handbook? Do you have a copy of the policy?

Before contacting an attorney, consider contacting the DOL Wage and Hour Division. All it takes is a phone call.

Good luck.

 

[Peppermint]

The DOL, neither federal nor state (at least, in Nevada) handles discretionary bonuses. That is a matter of contract, not a matter of wage and hour law.

 

[ajordan777]

The DOL will in fact handle a bonus issue of there is a written policy. If the policy states you should have been paid, but did not get paid, all you need is a copy of the policy and you can go to the Nevada DOL and they will collect on your behalf.

 

[cbg]

Given that this thread is almost a year old, it is likely that the situtation has been resolved by now.