Can company keep my last bonus?

[fwafwow]

The advice above is mixed - from good to poor. See an attorney.

 

[Zak406]

Not a lawyer but my brother was owed 20 grand for a bonus before it was payable they laid him off (cintas corporation it’s a joke to work there).

That was the one and only time we called a lawyer. They were not due to pay him for it. However they did owe him commissions and the severance. Bonus was not applicable. This may also be dependent we are located in pa

 

[WannaBeRambo]

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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No one here can tell you unless they read the company policy manual (or pertinent documentation) and know applicable laws of the state(s) which govern your situation.

Get your policy manual, and read it.
If you don’t have a copy, don’t call anyone to try to get one. Also don’t let others know unless they will keep their mouth shut.

If it’s not covered in the policy manual (or can’t find any documents) then call an attorney who specializes in employment law. Many will offer a free initial consultation. You can try a few to get different questions answered, and see if you like them. Of course always get their fee info.

bring any pertinent documents with you.

The good news is employment law can be pretty equitable even in hard-right wing states where Republican politicians have been attacking workers rights.

I’ve seen cases where companies were so disorganized they used favoritism as a basis, while others had an unwritten policy of cheating every terminated employee’s last paycheck. Those are the best as they will get audited and be forced to payback ALL the cheated employees along with multiple fines.

What’s even better is when you tell your other former coworkers on linkedin to call your lawyer and join your lawsuit.

You should be able to ask for fee reduction for yourself.

Oh, and don’t blow off the $4k because it’s not a lot of money. I’ve seen fast food employees who might be a few hundred dollars successfully sue. One case was million dollars as they cheated every ex.

You’re lawyer if s/he’s good will also get you an NDA with financial penalties so your ex-employer can’t trash you to other companies.
PS women lawyers IMO can be far better negotiators than men.

 

[mtnbiker208]

it is not unusual to have a clause in the contract or handbook, that you must be employed when bonuses are due.

 

[doc holiday13]

.....................

I gave 3 weeks notice when I left.

............

This is the part you f**ked up on. Over the last 4 jobs I've been apart of, giving 3 weeks notice is a formality designed for the company to figure out ways to f**k you on your way out the door. Pick your last day and then schedule a week or two off with your old company, then just don't bother showing up after that

 

[GunsAreFun]

Just politely ask for a copy of the contract and for them to tell you where the language is that states you have to be employed at the time of payout.

It is pretty standard in manufacturing for this to be the practice, but I can’t speak for medical field.

 

[tdhanses]

Hate to say it but bet the company is covered in the manual, it’s a pretty common policy for many companies.

 

[ElkArcher918]

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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Have an initial consult with an employment lawyer to review your written employment Agreement. If you are in the Right based on State labor/contract laws, a simple attorney letter requesting payment and reimbursement for attorney fees is all it might take to get paid. I've been through a similar scenario years ago. Alot of these deep pocket companies don't want to be bothered with litigation over "chump change" and may pay just to get you out of their hair. What ever you do be well informed with your State's labor/contract laws.

 

[EastHumboldt]

This shouldn’t depend on what state you are in. Withholding due compensation is a violation of federal labor laws. Here’s what I would do.

1) ask in writing for the aforementioned signed contract which shows in writing what you agreed to. Do everything in writing from now on.

2) If no response send an email declaring your intention to involve a state labor inspector, commissioner or whatever they call it in your state. Years ago my employer was paid a visit by one of these guys after someone dropped a dime. They ended up paying over 100K in back pay to salaried employees that they had overworked. No lawyers involved.

3) Still no response … now get a lawyer.

 

[ScreamingPotato]

You might make a quick call to your state's employment commission and see if they'll do any follow up. I worked with a guy here in Texas that worked with TWC with a dispute with his former employer, not sure what all they did but he got paid in the end.

 

[Dos Perros]

Agree you should talk to an attorney, it's worth the small spend and I've been through that before.

I will tell you 100%, if you're right, you still won't be able to get the company to do shit without a lawyer involved.

 

[eddielasvegas]

Good luck OP. I hope you get the bonus + more for your time.

On a related note, 90% of Corporate America could not do the right thing if their lives depended on it. CA was never the epitome of integrity and a strong moral compass, but it is surely getting worse by the year and seldom does a company do what is right without being forced (local news story, social media exposure. courts) to do the right thing. [/rant].


Eddie

 

[BRTreedogs]

Imo you always get paid for work completed.
Otherwise its theft.

 

[BRTreedogs]

Even a few hundred bucks to have a lawyer call the HR person and threaten legal action.

4k pay out for them is cheaper then court.

 

[Theelusiveperry]

it is not unusual to have a clause in the contract or handbook, that you must be employed when bonuses are due.

This is how it’s been at all my employers. Employed when bonuses are paid out and in good standing with the company.

 

[Pickettpuncher]

Being classified as a bonus, and not compensation, is what will allow this company to keep that money. I did a quick google search and unless the contract spells it out, you’re out of luck.

 

[tdhanses]

This is how it’s been at all my employers. Employed when bonuses are paid out and in good standing with the company.

And bonuses are only earned if your employed when they are paid, not the period they cover.

 

[WoodBow]

I requested a copy of my signed offer letter so I can see exactly how it was worded. I can see it going either way. This is a small company that manages large physician practices and ancillaries. I really hoped they would just pay me what I worked for. I went above and beyond for them for 5 years and left when I was at the breaking point of my sanity. There is no dispute of whether I earned the money or not. I can't imagine someone working for me and then denying them half their pay on some technical loop hole.

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[JohnJohnson]

This is a small company that manages large physician practices and ancillaries. I really hoped they would just pay me what I worked for. I went above and beyond for them for 5 years and left when I was at the breaking point of my sanity. There is no dispute of whether I earned the money or not.

Not that I'd expect integrity from any company but I definitely wouldn't expect it from one in healthcare. Their business model is built on taking advantage of people in vulnerable situations. I'm sorry for you that the mindset extends to their employees too.

 

[Pharmseller]

My company has a very clear policy that you must be employed in good standing on the day bonuses are paid to qualify.

But it’s very clearly stated. It sounds like the OP’s company didn’t spell it out. That’s why I’m saying small claims.




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