Signing Bonus

[jocularjef]

I searched the posts -- and could not find anything like my situation. Here it comes -- crazy as it is.

I was hired in May as a full-time employee (not a contractor!). The employment letter contained such phrases as "we are pleased to offer you a career". etc. ect. The offer letter included a signing bonus payable after three months of employment.

Two weeks shy of three months I was terminated (not for performance reasons -- my firm had contracted my services to a third party -- this company prematurely terminated their contract with my employer ) When this happened I was fired. My last day was 8/3/2001. My company would not pay my signing bonus becuase they said I did not satisfy the terms of the offer.

Yesterday (Monday 8/6) my now ex-employer contacted me and tried to rehire me.. I told them I was not interested and demanded my signing bonus -- I believe I was terminated so this company would not have to pay my bonus. I have complete documenation on everything. What action should I take. I live / work in Tennessee.

--Jefferson

 

[loku]

On the facts you give, it sounds like you have a good case in breach of contract. You have two main arguments as I see it. First, you substantially performed your agreement and you were prevented from complete performance because of their act, not your own. Second, you have good circumstantial evidence pointing to the fact that they fired you to avoid paying the bonus—calling you 3 days after your termination.

You can sue for breach of contract in the Small Claims court. The Tennessee Small Claims court handles cases for $10,000 and less. If the bonus was more than that, you can give up the amount over $10,000 and go to small claims, or you can bring an action in civil court.