What are my rights regarding the withholding of my employee bonus?
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What are my rights regarding the withholding of my employee bonus?
The contract at our company says that yearly bonuses are paid based on
Asked on February 21, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF you had an actual written contract which set out a formula for your bonus (e.g. a 10% bonus if the company hit certain specified targets) and they violated that contract by not paying the bonus, you could sue for it (e.g. sue for breach of contract). But without a contract setting out an objective, measurable formula for determination of the bonus, the bonus is discretionary: the employer has the right to determine whether to pay it, and, if so, how much to pay. Anything not objectively measurable is subjective, and subject to employer discretion.
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