How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 16219
Experience:  Licensed Texas General Practice Attorney
Type Your Employment Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Can an employer take back a bonus that has already been paid

Resolved Question:

Can an employer take back a bonus that has already been paid out? It is a bonus based on attainment of quota in March. It was paid out in May now they are saying -"that upon a completion of our monthly bonus audit it was discovered that you no longer qualify for your March monthly bonus (paid out in May)" The change is due the fact that a client left the service and I was also charged back the commission paid in March. It does not seem right to me because at the time it was paid out - I did qualify for the bonus.
Submitted: 8 years ago via USLaw.
Category: Employment Law
Expert:  ScottyMacEsq replied 8 years ago.
The only deductions that employers can legally do are the normal ones for government, taxes, etc..., and authorized ones (401k, benefits, etc...). As with bonuses, that is more state specific, so you should contact your state's Department of Labor or Attorney General and find the Wage and Labor section, and ask them if an employer can take away a bonus. If they say "no", then you can either tell your employer to go to you-know-where, or you can report an already taken back bonus to this department.

Good luck!
ScottyMacEsq and 4 other Employment Law Specialists are ready to help you