If an employer does employees assessments for quality of work but has failed to accurately administer the tests which then negates an employee from receiving bonuses, can the employee sue for negligence?
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If an employer does employees assessments for quality of work but has failed to accurately administer the tests which then negates an employee from receiving bonuses, can the employee sue for negligence?
My employer does weekly assessments for quality of an utilization of work regarding monthly bonuses. The employee on several occasions has shown their employer that errors were made in the administration of the assessments, yet the employer fails to acknowledge their error and continues to administer the assessments.
Asked on July 10, 2016 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Does this action violate the terms of an employment contract or collective bargaining/union agreement? Does the employee's treatment constitute some form of legally actionable discrimination? If not, then the bonus is a discretionary benefit. As such, an employer can either not give it, give it and choose how to set up the mechanism for doing so. The fact is that most employment relationships are "at will", which means that a company can set the terms and conditions of the workplace much as it sees fit.
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