Is it legal for an employer to withold verbally agreed and written bonuses?
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Is it legal for an employer to withold verbally agreed and written bonuses?
I was promised a bonus of $445 for exceeding performance goals. It was verbally communicated with me, as well as visually shown via document that showed my performance, and how much I will receive as a bonus. A few hours later, they told my that I will not be receiving said bonus because the data was incorrect, that I did not meet requirements. However, we have our own employee tools to view said information, and all records point to performance being met. My direct supervisor showed me in her systems and tools that I did meet all criteria for recieving the bonus. I have been attempting to collect this bonus but they have been fighting against me. Is this legal despite digital documentation saying otherwise?
Asked on November 4, 2016 under Employment Labor Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you had a written bonus plan or employment agreement in existence BEFORE you did the work that met the goals and *then* you met the goals, they'd have to pay you: you would have had a contractual guaranty of the bonus and would have performed your obligation(s) under the contract, which in turn would obligate them to honor their obligations and pay. If they don't pay in this case, you could sue them for breach of contract for the money. But if there was no written contract, agreement, plan, etc. in place before you did the work/met the goals, then there was no enforceable contract for the bonus; rather, after the fact, they freely and unilaterally decided to give you a bonus, but such a freely and unilaterially made promise may then freely be reneged upon; a promise made not in a contract may have moral force, but is not legally enforceable.
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