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Not paid bonus after termination

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PizzaGuy

Junior Member
What is the name of your state (only U.S. law)? Missouri

I recently left a company (on good terms & was a top if not the #1 employee for several years) where I earned bonuses. These bonuses were earned each period (28 days) with a defined bonus plan. Basically barring any paperwork mishaps, I knew on the last day of the period what my bonus would be for that period. However the company was always 2-3 months behind on paying their bonus. I know some time is needed to finalize numbers but most have this in 2-3 weeks. I have heard over the years they did this so they didn't have to pay if people left. That is speculation though...

Anyway
1) since I already "earned" this bonus are they required to pay me even though I am not longer employed on the date of payout? I know this is kind of a grey area. Sometimes I hear "no" others I hear "depends"...

2) Apparently there was a 'glitch' in the computers that was not properly keeping track of a rebate the company was getting. This 'glitch' was causing our numbers to show we were missing money even though we weren't. This missing money was deducted from our bonus each period for about 18 months or so. Oddly enough, people in the office were aware of the glitch but chose to ignore it anyway (great company...) Anyway another employee stumbled on it and it was fixed. They went back and checked to see how much employees were deducted for the glitch and we received a letter saying they would pay that money out in equal installments over 5 months. I left after receiving the 1st installment and now they are saying I will not get the rest since I am no longer an employee. They aren't paying the money to anyone who is gone and even one division of the company decided not to pay it to employees still working... Since this money was technically deducted from a bonus that I was technically employed still when it was supposed to be paid out is this a different situation? (we are talking hundreds to thousands of dollars to 50-100 people)

Thanks for any help,
 


cbg

I'm a Northern Girl
The correct answer is, it depends.

There is nothing in the law that requires that they pay you the bonus. It is quite, quite common and almost always legal (in all states) that you have to be actively employed on the day of distribution in order to receive the bonus.

However, once in a (long) while the bonus agreement is written in such a way that it becomes payable even if you have already left the employer.

So you will have to show the agreement to an attorney in your state to say for certain. The odds are, however, that the answer will turn out to be no.
 

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