As an at will employee, if i am terminated without cause is the company still required to pay my 2017 bonus?
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As an at will employee, if i am terminated without cause is the company still required to pay my 2017 bonus?
No contract. Do have proof of bonus being paid last 3 yrs and the formula in place. Company trying to get me to sign a 2 yr non-compete going out the door and holding my bonus as ransom. Did acknowledge in separation letter that I am due a bonus but afraid they will withhold if I don’t sign. Do not wish to sign the noncompete as I see no consideration for doing so but feel my bonus is owed for performance this year. Thoughts?
Asked on October 31, 2017 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Only if there was a written bonus or employment contract which by its plain terms guaranteed you a bonus in this situation would they have to pay you: without a contract, even if you received a bonus in prior years or there was some "formula" which the employer used to determine bonuses, gettng a bonus is still discretionary on the employer's part; they may freely decide to not pay it. Only a written contract makes it mandatory, not discretionary. Therefore, they do not need to pay your bonus at all, or could make it contingent on you signing the non-compete.
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