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I had a claim with the Texas Workforce Commission regarding…

Customer Question
Hi there, I had...

Hi there, I had a claim with the Texas Workforce Commission regarding unpaid non discretionary bonus’ our employer failed to set kpis for 2017 and so we assumed that the ines

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, at will, non union

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
I assumed that the kpis from 2016 would carryover but according to the twc that is not the case, because there are no kpis there is nothing to asses the bonus against therefore I don’t have payday claim... I don’t see how I should be liable for management incompetence
Customer reply replied 4 months ago
What I would like to know is whether I have a case that is worth pursuing further?
Answered in 5 hours by:
12/8/2017
Employment Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Employment Lawyer: legalgems, Lawyer replied 4 months ago

I am sorry to hear this;

failure to pay wages that are owing are under the auspices of the TWC; however, if an employer breached a contract by failing to establish KPIS that is a civil court matter whereby the employee(s) may sue for the employer's failure to establish KPIS, based on a breach of contract and negligence theory.

Additionally every contract has an implied covenant of good faith and fair dealing so if an employer sets up a nondiscretionary bonus and then fails to establish parameters on which that may be paid, the court may look at past contracts, policy manuals, past practices etc to determine an implied contract, and use past KPIS for this determination.

In such situations it is best to hire an employment attorney to assist with the issue as they will be able to prepare a trial brief addressing the above causes of actions and applying those cases to the facts of your specific case.

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Employment Lawyer: legalgems, Lawyer replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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