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My firm has decided to institute a deferred compensation…

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My firm has decided to...
My firm has decided to institute a deferred compensation policy for our discretionary bonuses. My options are either to sign it or to not sign it - the firm will not negotiate the policy. Am I forgoing any federal or state legal protection that I should be aware of by signing the document or if it's a discretionary bonus - there is no federal / state legal protection?
Submitted: 2 years ago.Category: Employment Law
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Answered in 4 hours by:
2/16/2016
Employment Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,988
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Hello,

Thank you for the information and your question. If this is a discretionary bonus, then your employer is not required by law to pay it. That, in turn, means that they can set any condition on earning and collecting this bonus that they deem appropriate. So, other than just making sure you understand the terms in the agreement, there is nothing else that you have a right to know or do. In other words, not agreeing is your option, but then the employer can take whatever action they want in terms of that bonus for you as a result of your refusal.

This assumes that you are not agreeing to waive your rights to minimum wage as a part of this agreement. Please let me know if you need any clarification. 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

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Employment Lawyer: Marsha411JD, Lawyer replied 2 years 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 16th. 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 that Site 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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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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