Can company keep my last bonus?

[WoodBow]

The situation is that I worked for a company for 5 years. I signed a pay agreement when I came on board. It stated my salary and my bonus structure. I was performing a non invasive surgical procedure called ESWL. It was a tiered bonus structure. First 10 cases pay me X a piece. The next 25 pay Y, etc. No stipulations listed.

I gave 3 weeks notice when I left. My last day was the 22nd of March. So I worked 3 weeks of my last month. I did not receive my last bonus for the 45 cases I performed in March. This is around $4k. For reference, I billed in the neighborhood of 108k for those 45 cases.

When I reached out to my supervisor, he talked to the relevant person and her response was "You need to be employed when bonuses are paid to receive the bonus. He did not finish the month therefore he doesn’t get the bonus for the month."

I see no merit in those statements. I was made aware of no company policy stating this. Bonuses are paid on the 15th of the next month but they could have paid mine on my last check at end of month.

Do I have a leg to stand on here? I feel like they can just say whatever they want. There is no way I would have stayed those 3 weeks for half pay.

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[wapitibob]

I'd guess the relevant person is HR and this situation wasn't her first rodeo. The handbook should back up her claim, or not. If it's ambiguous, the state labor board will be the cheap way to proceed.

 

[KenLee]

If your signed pay agreement doesn't mention the "employed when bonus paid" requirement, you can likely win a lawsuit against the company.
Problem is the potential costs to pursue over $4k.
Flip side is their potential costs to defend $4k.
Some states have statutes that shift costs and fees to employers who wrongly withhold pay (some states even impose a 3x penalty) and would be worthwhile for a lawyer to fight for you.
Bottom line is talk to a good employment lawyer in your state.

 

[chanson_roland]

Ditto on the employment lawyer. Withholding compensation is actually a pretty big no-no; there are potential punitive damages here. The key will be whether that clause about being currently employed is in your paperwork. Just my $.02.

 

[WoodBow]

I don't it's worth the trouble of legal involvement for 4k. I just want to make the best possible argument to them to make my case.

I think I should request a copy of policies stating these things that I have signed. Which doesn't exist.

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[KenLee]

I don't it's worth the trouble of legal involvement for 4k. I just want to make the best possible argument to them to make my case.

I think I should request a copy of policies stating these things that I have signed. Which doesn't exist.

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If no requirement in writing, a lawsuit with discovery over other former employees similarly screwed may lead to additional clients for an employment attorney.

 

[Happy Antelope]

I would think this would depend on the laws of your state as well as a good question for an attorney.

 

[Chuckybmd]

Come work at our hospital. Our urologists only do ESWL a couple times a week!

 

[Johnny Tyndall]

It's worth it to pay for a couple of hours of (good) labor attorney. They will be able to tell you for sure if you have an argument. If you do, a formal letter from your attorney to the employer pointing out their specific contractual obligations would be a good and reasonably cheap move. If you really don't want to pay maybe you can find some sort of public assistance center, but I think the $500 you might end up spending on a lawyer would be worth it.

 

[gbflyer]

It's worth it to pay for a couple of hours of (good) labor attorney. They will be able to tell you for sure if you have an argument. If you do, a formal letter from your attorney to the employer pointing out their specific contractual obligations would be a good and reasonably cheap move. If you really don't want to pay maybe you can find some sort of public assistance center, but I think the $500 you might end up spending on a lawyer would be worth it.

This exactly


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[HuntHarder]

If you are going to request said signed documents that do not exist, I would do it by email and make it look like litigation is imminent. There are plenty of online demand letters that will force their hand if there is any doubt. Litigation is expensive for you, but it is also something a large company will avoid as well.

 

[Will_m]

No l&e lawyer is going to charge you hourly. if they did that they would never get clients and never get paid. It’s all contingency stuff. You can try and push for it in your own, but you definitely shouldn’t abandon the project without taking to an l&e attorney. As somebody mentioned above, a lot of wage and hour stuff has a separate, statutory damage provision that would be in addition to your actual damages. This would make it a case worth taking from an attorney standpoint, regardless of the relatively small amount of pay at issue.

I’m also not sure they can contract around paying you a bonus like that. Just my two cents though.

 

[TandKHunting]

I'm not a lawyer, but I am familiar with this type of stuff.

1. Is it in a contract. If it is, then it's a breach of contract.
2. Is it not in a contract? Then you may have a harder hill to climb.
3. Is it worth the money to fight it? Well, that depends on home much you are willing to spend to get 4K back. A letter, the cheapest alternative for a few hundred to a few thousand dollars depending on the quality of lawyer..could work, but many multi million dollar corporations will call your bluff if they feel you have no real legal stance.

Our company spent 5,000 dollars shutting down an egregious cease and desist sent to us that had no legal merit. If you do send a letter, be prepared for said company to fight back, which could lead you down a rabbit hole of mounting legal fees.

I think many people claiming "sue them" don't really understand the financial expenses it takes to do that. It's going to cost a lot more than your bonus to take serious legal action. Some states don't even require the losing party to pay for the winning parties attorney fees in civil matters. That would be up to a judge or specific state laws to decide. You could end up having 25K in lawyer fees to get 4K back is what I'm saying. It's something to keep in mind, as many people don't truly understand the personal financial implications of pursuing civil legal action.

Whatever you do. DO NOT send them any type of legal letter written by you or taken off google. Someone above mentioned that and it's not a good idea.

 

[KenLee]

No l&e lawyer is going to charge you hourly. if they did that they would never get clients and never get paid. It’s all contingency stuff. You can try and push for it in your own, but you definitely shouldn’t abandon the project without taking to an l&e attorney. As somebody mentioned above, a lot of wage and hour stuff has a separate, statutory damage provision that would be in addition to your actual damages. This would make it a case worth taking from an attorney standpoint, regardless of the relatively small amount of pay at issue.

I’m also not sure they can contract around paying you a bonus like that. Just my two cents though.

It's common (at least in the South) for employment lawyers to charge hourly for their time while they investigate the potential of any case...because most proposed employment law cases here are losers.

 

[Boarmaster]

I doubt anyone who hasn't read the contract can provide a definitive answer.

 

[wapitibob]

Every employment contract where I used to work referenced the employee handbook for the minutia. Highly unlikely this is HR's first time dealing with this.

 

[Pharmseller]

Small claims court. Argue it yourself.

 

[Bubblehide]

Talk to the National Labor Rekations Board. Not only can they gelp you get your bonus, if warrented, but they can and will fine the company.

 

[Dos XX]

Why did they use the term bonus to refer to this compensation?

 

[Swamp Fox]

Good to know people can get a bonus if they work on your pee-pee ....