Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Our employer just implemented a four month salary bonus

Customer Question
incentive plan that incorporates the...
Our employer just implemented a four month salary bonus incentive plan that incorporates the following criteria:
5% for 0 tardy & 0 days missed
3% for 1-2 occurrences
1% for 3
This includes not being able to use any accrued sick or personal leave time. Is this completely legal to do?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 20 minutes by:
2/2/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

It is partially legal. In employment law, the provision of vacation and sick leave is not required. Furthermore, the provision of a bonus is not legally required So, because they are not required an employer can set limitations on how they are received or use. So, it would be legal for the employer to discourage vacation/sick leave use in order to obtain a bonus that they don't have to give in the first place.

The one concern that I have is that some sick leave could also be Family Medical Leave, which is a protected form of leave for handling serious medical conditions. It is illegal to punish someone for using FMLA, so if the used time off is FMLA, the employer CAN'T persist in this penalty. As long as the employer respects that (assuming they are covered by the FMLA as an employer with more than 50 people), then the bonus incentive plan is legal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
20,633 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,633 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
According to California's labor law an employee is allowed 1
According to California's labor law an employee is allowed 1 hour of sick leave for every 30 hours worked. Is this for the year? Or is there a cap on the hours? Since a full time worker may work 2,080… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
Our current corporate office Sick Time Policy and Paid Time
Our current corporate office Sick Time Policy and Paid Time Off Policy allow for a liberal use of time. Both policies are below for review.Question 1: If the employee exhausts their 3 sick days in a c… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
New York city has a paid sick leave policy. Now do salary
New York city has a paid sick leave policy. https://www1.nyc.gov/site/dca/about/paid-sick-leave-FAQs.page Now do salary based employees apply to this policy since salary employees get paid regardless … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,415 satisfied customers
If our rules for sick time in 2016 is 56 hours for sick and
If our rules for sick time in 2016 is 56 hours for sick and we hire an employee on 10/3/16 can we reduce their sick time if is not yet accrued to reflect the new rule for 2017 to 24 hours sick?… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am trying to create a new attendance policy with
I am trying to create a new attendance policy with occurences. my thoughts were to give 6 days for sick days a year plus earned vacation . ive seen it in which if you miss a day that is a occurence an… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a salaried, benefited worker in California. My employer
I am a salaried, benefited worker in California. My employer says that the new California Sick Leave Law, implemented in 2015, does not apply to me. My contract allows me 10 paid sick days a year and … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I wanted to know if I have to pay an employee for going home
I wanted to know if I have to pay an employee for going home early without permission. The employee decided to go home without telling me directly and I am the direct supervisor (the person only told … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have a question about pto time. I am an exempt employee
I have a question about pto time. I am an exempt employee in the state of ohio I recieve an hourly based salary paid bi weekly we have a pto policy that reads as follows in the employee handbook. "Any… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,633 satisfied customers
If I have a salaried employee and they miss an entire week
If I have a salaried employee and they miss an entire week of work, do I still have to pay them?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a salaried employee. I was recently very ill, and had
I am a salaried employee. I was recently very ill, and had to take an entire week off of work (I work 7 days a week, and had to take 6 off. I was genuinely sick with pneumonia, Dr's notes and everythi… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
some of our salary employees have a bonus letter on file tha
some of our salary employees have a bonus letter on file that reads a performance based annual incentive bonus. our companies finacials have not been good in the last two years so we have not been abl… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Can an employer let go off and employee for taking sick days
Can an employer let go off and employee for taking sick days if the bring in Dr. paperwork. Also the position is of salary basis not hourly.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Can an employer revise an attendance policy (giving an effective
Can an employer revise an attendance policy (giving an effective date of 1-1-10) but use prior occurrences from 2009 to enforce it (using the verbage "rolling 12 months")? Note: all occurrences in 200… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I was a salaried manager for an employer in Virginia. My offer
I was a salaried manager for an employer in Virginia. My offer letter reads as salary, not hourly, yet, I was paid hourly. If I missed hours for a sick child or doc appt, etc, I was docked time on my … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
An exempt employee recently completed his 90-day introductory
An exempt employee recently completed his 90-day introductory period and became eligible for our employee benefit programs, including sick leave. He has accrued a total of 3.99 hours. He called in sic… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a salaried district manager for a quick service food concept
I am a salaried district manager for a quick service food concept I have a laptop computer that i am required to use every morning to check my stores sales etc. I also, have a cell phone and I am on c… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
We just terminated an employee on July 7th----unable to perform.
We just terminated an employee on July 7th----unable to perform. Our pay period is semi-monthly - 15th and 30th of each month. We did not pay the amounts due to him until the 15th. We paid prorated sa… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I work for a company in Colorado and am planning on ...
I work for a company in Colorado and am planning on leaving. They distributed 2007 bonus letters today that stated "bonuses are to paid out in April, 2008. Are they obligated to honor the stated bonus… read more
TruthFinder
TruthFinder
Educational Consultant
Vocational, Technical or Trade Scho
1,124 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x