What to do if I was fired 3 weeks into my 4th quarter at a financial office, and they are refusing to pay my 3rd quarter bonus?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was fired 3 weeks into my 4th quarter at a financial office, and they are refusing to pay my 3rd quarter bonus?
This is paid out every quarter pending you made money. They issue checks about a month or so after the quarters end. Now they are saying that because I didn’t work for them on the date the check was issued I can not receive it. Legal?
Asked on November 29, 2012 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It would be legal for a company to have a bonus policy that bonuses are only paid if the employee was still present and employed as of the date the bonus is paid--one of my former employers had that very policy.
The issue is whether this was in fact the policy of your employer as when you were terminated. If it was, they don't have to pay your bonus; but if it was not the policy, and if you can show that they were in fact paying out bonuses to people terminated before date of payment, then the employer may not arbitrarily choose to not pay you; rather, it must follow whatever policy was in effect as of your termination.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.