Bonus not paid
UPDATED: Oct 1, 2022
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Bonus not paid
I was promised a bonus for the 4th quarter of 2018. My Director told me I was getting it and gave me the amount. Now she said I was not in good standing in the 4th Q and would not be getting it. However I was never told I was not in good standing. Is this legal?
Asked on April 18, 2019 under Employment Labor Law, Kansas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
If you had an actual written bonus contract with defined targets to get a bonus, which targets you hit or exceeded, they would have to pay you the bonus. But without such a written agreement with defined targets, the bonus is discretionary--that is, at the free will or whim of the employer. Without a written bonus agreement or contract, the employer can decide to not pay you, even if they had previously promised to pay: a non-contractual promise is not legally binding or enforceable.
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