how do I get my employer to pay me the bonuses I’ve earned
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how do I get my employer to pay me the bonuses I’ve earned
Since 2009 I’ve never been paid my bonuses that the handbook says that
I’m in titled to and now that they fired me for false allegations I want
my money I need to know how to get it.
Asked on April 22, 2016 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
What do you mean by earned?
1) If there was a written bonus agreement or contract with a set formula for determining the bonus, then they have to pay you the amount called for by that formula, given your (or your company's, if it's based on company-wide performance) achievement of the defined goals. If they don't pay that amount, you could sue them for breach of contract to get the money to which you are entiteld.
2) But if there was no written agreement with defined, quantifiable targets, but rather you were simply told that you would be geting certain bonuses, they could choose to not pay them to you: when there is no written agreement, the bonus is discretionary, or at the free choice of the employer; and because it's at the employer's free choice, they may freely choose to not pay it.
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