my employer takes away bonuses if you call in sick but the law states that if i have and use sick leave they may not retaliate against me for calling out sick, what is right?

Get Legal Help Today

 Secured with SHA-256 Encryption

my employer takes away bonuses if you call in sick but the law states that if i have and use sick leave they may not retaliate against me for calling out sick, what is right?

my employer takes away bonuses if you call in sick but the law states that if i
have and use sick leave they may not retaliate against me for calling out sick,
what is right?

Asked on June 10, 2019 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It depends on what kind of a bonus it is. If it is based on a written agreement with specified targets to earn the bonus and you hit those targets, they cannot do this: you had a right to the bonus in this situation, and taking away something to which you have a right would be illegal retaliation.
If it is a discretionary bonus, or one where there is no guaranty of getting it and the employer is free to decide whether, when, and how much of a bonus to give, then you had no right to or guaranty of it. Not having a right to it, nothing was taken away if the employer decided, as is the employer's right in a discretionary bonus case, to not give it to you. It's like if a friend had offered to take you to dinner, but then got angry at you and decided not to--you have no right to force him to pay for your dinner. Similarly, you have no right to be paid a discretionary bonus, so the employer can decide to not pay it for any reason whatsoever and that is legal.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption