If my former employee has failed to pay a bonus due to me but other employees who were eligible have been paid, what are my options?
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If my former employee has failed to pay a bonus due to me but other employees who were eligible have been paid, what are my options?
Asked on October 12, 2015 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Was this a bonus pursuant to a written bonus or employment contract, which set forth certain goals or targets to get a bonus, which goals or targets you met or exceeded? If so, then if you are not paid, you could potentially sue for breach of contract to get the money.
If it was a discretionary bonus--one not tied in writing to targets, but rather where the employer just freely choose, of its own volition, to give bonuses, then it could use that discretion to choose to not give you a bonus. Employers may pay discretionary bonsues to some employees, not others.
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