Do I have a right to a bonus check that was earned before I quit my job?
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Do I have a right to a bonus check that was earned before I quit my job?
We received quarterly bonuses at my prior employer. I earned a first place bonus for the
second quarter April-June. We normally do not receive the bonuses on time and usually took months to actually pay us for them. I found a new job and put my two week notice in at
employer in September. I was told that the bonus would be on my last paycheck. It was not. I followed up with manager and she said they weren’t approved and it would be on next check. It was not. Followed up again and she told me not to hold my breath and it would be a while. Well 2 weeks later, I was told by other employees at company that they received bonus so to check my account. I had no bonus. I called the place in charge of our checks and asked if it was mailed since I no longer worked there and they told me the check wasn’t asked to be issued. I then called manager and she didn’t answer so I left a voice mail. She responded 6 hours later saying my bonus was denied because I am no longer an employee. I want to know if I can do something about this because I earned the bonus when I was an employee? The bonus is only about $500-$600 but it’s not about the money anymore. I just don’t think this is fair at all and would definitely like advice on how to pursue something.
Asked on October 27, 2016 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you had a written bonus agreement, under the terms of which you earned the bonus, and which agreement did not require you to be employed when the bonus was paid in order to receive it, then you are entitled to the bonus and could sue in small claims court for breach of contract if you don't receive it. (Only small claims court, acting as your own attorney or "pro se," would make economic sense; suing any other way would cost you more than the bonus.)
But if there was no written bonus agreement, then even if you always received it in the past, it was still a "discretionary" bonus and your employer could choose to not give it to you. Or if there was a written agreement but it stated you had to be employed when it was paid, then you would not be entitled to it.
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