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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118192
Experience:  20+ Years of Employment Law Experience
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I work credit union in Nevada. They informed us approximately

Customer Question

I work for a credit union in Nevada. They informed us approximately 3 weeks in advance that we would receive a sizable bonus, due to the company having a good year; however, there was a stipulation. Anyone who had a verbal counseling six months prior to the bonus effective date would have a percentage subtracted from the bonus. The CEO stated that it would depend upon the severity of the verbal counseling. My verbal was due to misplacing the key and the door opener to the company vehicle. We had a second key. I found the key and door opener one month later. This verbal counseling was my first counseling in my eight years of employment at the company. They withheld $300.00 from my bonus. I know they probably conferred with an attorney, but something doesn't seem fair.
Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NV law, absent a written contract to the contrary, a bonus is a gift from the employer and thus not governed by the NV or US laws. Thus, an employer giving a bonus has the legal right to set the terms of the bonus (as long as the terms do not discriminate based only on the age/race/sex/disability/national origin of the employee) and the employee has no real legal right to dispute the employer's terms of their gift to the employee.
While it may not seem fair to you and you have every right to negotiate it with the employer, legally because it is a bonus or gratuitous/gift to the employee, it is still up to the employer's discretion I am afraid.