My question is about a bonus being potentially owed from an employer after my position was “eliminated”.

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My question is about a bonus being potentially owed from an employer after my position was “eliminated”.

My position was eliminated for budget reasons, 26 days before the end of the fiscal yr. I had a severance agreement, which is being paid, but I also had a bonus agreement that I would get a certain %, which is paid the first month of the new fiscal year. In light of the economy, my employer wasn’t sure any bonuses would be paid out this year, but I know that all other bonuses were paid. Can I go after this bonus, being that I was eliminated without cause, and worked the entire year except the last 26 days? I am still getting severance, so technically I am still on the payroll even now.

Asked on June 10, 2009 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

What you need to do is take your severance agreement and bonus agreement to an attorney to read.  Either or both of the agreements may have information in them that answer this question.  If neither does or if they conflict on the issue then the lawyer will be able to let you know how the courts will view the matter should you decide to sue.  Sometimes a well written letter from an attorney to your employer is all you would need.  If the bonus is substantial it is worth the effort.  You can look here at attorneypages.com to begin your search.  Good luck.


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