Incentive Pay owed after quiting!

What is the name of your state? Florida

I was employed by one of the largest lenders in Florida for over 5 years. 5/1997-8/2002.

Another opportunity arose and I quit. My question is the following.. What are my rights as an ex-employee for incentive pay due to me?

This lender would pay their employees for incentive pay earned in arrears. For instance, any incentive you would earn in the month of August would be paid out Septemeber 30th. In my case I quit July 19th and had earned incentive for the entire month of June.

I understand that for the month of July monies were not due to me because I didn't work the entire month, however, I did work the entire month of June. My immediate manager says she submitted the ppwk to process the incentive like every other employee. Well what a coincidence that those of us that quit didn't get our June incentive pay.

I have been really patient. I have contacted payroll/HR and they show no submissions of incentive and have told me that ONLY my immediate manager can contact the 'incentive manager' and correct the problem. I am really frustrated and feel that I am getting the run-around.

Oh, also they have not 'revised' their incentive guidelines in over 4 years, and the only stipulation that the incentive guidelines has is just that , you will not get your full months incentive for that month unless you work the entire month.

What are my rights and can I take legal action?

It depends upon the wording of the incentive pay agreement. Without knowing the exact wording of the agreement, combined with state law, there is no way for anyone to tell you if the agreement is legally binding.

You can have the agreement reviewed by a local attorney.

CBG, Thanks for your reply!

There is no agreement as far as I am aware. I didn't sign anything at the time that I was hired and the employee handbook doesn't mention anything. How should I proceed?

I hate to tell you this, but if there is nothing in writing you may be out of luck.

Incentive pay is not required by law. It is not at all uncommon for a company to have a policy that says you must be employed on the date of the payout before you can receive incentive or bonus pay, and in most states that is considered legal. (Commissions are another story, but that's not important here.) Without a written policy, that reaches the level of a contract, stating under what circumstances they are bound to pay out the incentive pay, they may not be liable for it at all.

You are free to contact the Agency for Workforce Intervention, or whatever Florida is calling their DOL now, but I have to warn you. Unlike California or Massachusetts, which are very employEE friendly, Florida is very employER friendly. (Hey, you guys voted in Jeb Bush, don't blame me.) They will be able to advise if, under Florida law, the incentive pay is legally due you, and if it is, they will be able to assist you in getting it.