Bonuses---should they pay?

What is the name of your state? TN
I have worked for a company for 5 years and was recently discharged, but my separation notice stated lack of work. Bull hockey I was the manager. Anyway, my question is--in January 2002 the owner called a managers meeting and informed us that from that day on managers would be paid based on a 40 hour work week with no exception, however we would be paid quarterly bonuses which would be 1% of inside sales. In December of 2002 we received 1 check for 2 quarters and nothing else. Several inquiries were made about the bonuses with no response. I want to know if I am entitled to receive these bonuses.

Start talking with your local department of labor about this. Yes, you are owed the bonuses, but it's obvious that at this time the company can't afford to pay it or is trying to evade the issue and you need someone to investigate this so you don't get stiffed.

Dandy Don said:

Yes, you are owed the bonuses

Click to expand...

And to no ones surprise, Dandy Dunce is wrong again.

Unless you have something in writing GUARANTEEING this promise of bonus (like a policy handbook, etc.), the employer has no obligation to fund them or pay you for them.

Arby's, Inc. v. Cooper, 454 S.E.2d 488 (Ga. 1995) This example seems as though same scenario, also based on a promise to pay. However it was stated that because there was no definite formula to base the bonus on, it was unenforceable. The formula for my company was set to a definite amount and agreed upon by all 7 store managers, which was 1% of inside sales for each quarter. Don't you think there would be sufficient evidence proving the formula with the 2 quarters that were paid to us?

Though somewhat similar, that case was in Georgia and you are in Tennessee. Further, that case was about recent denied compensation, where your 'claim' for bonus compensation is almost two years old.... and that period was WITHOUT any bonus payments.

Presumably, the claim of 'unpaid bonus' breach was only due to your separation... and not due to any 'right of claim'.

Regardless of similarities to any other prior cases, the fact remains that there is no mentioning of the bonuses being in writing. A meeting where an announcement was made about bonuses to be paid and how they would be paid.

Without any written agreement between employees and the company regrading said or claimed bonuses to be paid, there is no claim to be made. Unless there are facts and or conditions not noted here, there is no real case or claim against the company.

Yet to further complicate matters, the termination issue was in 2002. Nothing resulting since then. Without any written document stating payment of bonuses to be paid, there is no case or claim that can be made.

Regards & Good Luck
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