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Nov 4 I was included in a final insurance agency contest

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that would have afford me...
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
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Answered in 3 hours by:
12/22/2015
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

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.

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Employment Lawyer: Marsha411JD, Lawyer 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.

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Marsha411JD
Marsha411JD
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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