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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20130
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Nov 4 I was included in a final insurance agency contest

Customer Question

Nov 4 I was included in a final insurance agency contest that would have afford me a bonus of $2500. I was let go when I went into work on Nov 9. I am trying to resolve this with Corporate, however, I am being ignored. I feel I have a right to the bonus as I was qualified, there was nothing in writing that stated when the bonus would be paid or if I needed to still be an employee. The time to earn the bonus was August, September and October of which I was there. Do I have any recourse?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. As long as the Company did not publish a notice that employees had to still be employed when the payout of bonuses occurred versus when they were earned, then you have a very strong argument that these are wages due to you. You have a couple of options at this point if the Company will not pay you. One is to file a wage claim with the State. They will ask for the employer's input, investigate and make an attempt to obtain your money if it is due. You can find the form you need at: http://www.com.ohio.gov/documents/dico_MINIMUM_WAGE_COMPLAINT.pdf

There is a slight chance they will not take your claim. They will take it if they consider it as part of your final wages and that they are unpaid. In other words, they don't generally take special pay issues such as vacation pay, etc., but do take minimum wage, overtime, unlawful deductions, and final wages issues. This, arguably, is a final wage issue. Please see their guidance at the link.

The other option is to file a small claims court suit. It is fairly easy and inexpensive to do and the court clerk in your County will have the forms. You will just need to produce any documents (and testimony) that you have establishing your right to the money). The burden would be on the employer to prove they didn't owe it to you.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you and Happy Holidays.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 22nd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note tha tSite use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.