If I resigned from my job, am I still entitled to a bonus that was earned but not yet paid?
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If I resigned from my job, am I still entitled to a bonus that was earned but not yet paid?
I earned a bonus with my company for last month which hasn’t been paid yet. When I gave my resignation notice I was informed I wouldn’t receive the bonus. Is this legal? I was never told this to my knowledge.
Asked on July 18, 2014 under Employment Labor Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If an employee has a employment contract, union agreement or the like with their employer which states that the employee would receive bonuses that have been earned, even if they have left their job, then the employee would be entitled to those bonuses. However, as a general rule, if there is no such contract or agreement it would be at the employer’s discretion whether or not to pay a bonus. In other words, your employer does not have to pay this bonus since it would have been a discretionary benefit that it could decide to give or not.
Note: If others were paid an earned bonus after they resigned, you may have a case for discrimination. However, your differing treatment must have been based on your race, religion, gender, etc.
That all haivng been said, laws governing the workplace differ from state-to-state, so you may want to contact a local employment law attorney to be sure of your rights.
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