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I gave my notice last week to my company. 2017 bonus were…

Customer Question
I gave my notice...

I gave my notice last week to my company. 2017 bonus were suppose to be paid in Jan, he changed to Feb and now Mar. I asked if I was going to get by 2017 bonus like everyone else and he said he was going to hold it until my last check..IS that fair?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I am HR and the Controller company only size of 14

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Submitted: 29 days ago.Category: Employment Law
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Answered in 4 minutes by:
3/25/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 29 days ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,124
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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

I would not say that it is fair and it probably isn't even legal, but the time and expense that it would take to sue the employer to enforce company policy on bonus pay would not be worth your effort. Bonuses are rarely enforced by state Departments of Labor, as they have enough issues with clearly owed wages that have been unpaid. They spend their investigatory resources on those claims. So, you'd end up in a situation where you'd have to take that suit on your own and very well would only get the bonus and perhaps enough nuisance money to cover your personal costs (not attorney's fees, if you used one).

Here, it may be in your financial best interests to just wait and see if they pay it on your last check. If they don't, then absolutely it would be worth suing over.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,124
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Experience: Employment/Labor Law Litigation

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