• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

targeted for destruction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

Enochian

Guest
At the end of 1999 my company went through a merger. At the time of the merger I was a manager in my department. Because I was a manager, I recieved a quarterly "bonus" for the extra work I was required to do. At the begining of this year, to make things uniform between the two merged companies, a new "quarterly incentive compensation" plan was being formed. About two months prior to this new incentive plan being rolled out, I was reprimanded for "inappropriate behavior" (a trumped up charge, but that is a story for another day). When the plan was finally introduced, I noticed a new stipulation in the plan stating that if one was reprimanded during a particular quarter, one would lose all of their incentive compensation for that quarter. I asked recently if this applied to me, and was told it did --even though I was reprimanded prior to this policy even being written. So, to cut to the chase, what I'd like to know is whether this is legal. I know that constitutionally we are protected from the government acting in this way, but can a business apply rules ex post facto?

Thank you very much for your time
 


A

Attorney_Replogle

Guest
You have a good legal analysis, but instead of an ex post facto provisio, instead what you have here is a breach of contract by your employer against you. So, you would easily be able to sue them in court (small claim or higher) or take them through an alternative dispute resolution system such as arbitration or mediation on this matter.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top