What is the legality of not paying a merit bonus for time period the merit bonus is based on, after giving a 2 week notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the legality of not paying a merit bonus for time period the merit bonus is based on, after giving a 2 week notice?
My current company pays a bonus based on merit ever period or 30 days. I’m giving a 2 week notice now and have currently worked the whole 30 days for that month. However, I’m afraid that they won’t pay me the bonus due to the fact that I’m leaving. Also, my bonus pay makes up more then 20% of my yearly salary.
Asked on July 29, 2012 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The law does not require or address bonuses, since employers are free to offer them or not--and if they offer them, to set the criteria therefore.. Bonuses rather are governed by contract or agreement--the contract or agreement (even if only an oral, or unwritten, one) pursuant to which the employee is working. If under the terms of the bonus, the employee has to be employed as of the payment of the bonus to receive it, for example, then the employee would lose the bonus if he leaves employment prior to bonus payment. Therefore, there is no general answer to this question: it depends entirely on the terms of and policy behind the bonus.
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.