Previous Employer going after me for "bonus"

[cbg]

Without reading the agreement, this would be my assessment:

If the OP had stayed with the employer until the job was eliminated and he was told not to come back the next day, he would not owe anything back. By choosing his own date and time to leave, instead of seeing things through to the end, he does.

However, no one who has not read the agreement directly and in full, can say for certain.

 

[Nellibelle]

oh really now. You are basing that on what?


the position was NOT eliminated when the employee left. It was scheduled to be eliminated. OP agreed to stay 1 year. They didn't. They chose the day and time of termination. That is why they are liable to pay the bonus back.


but again, the position had not been eliminated, yet.


well gee, if you are going to pull out the agreement, don't forget the part that says the employee is entitled to the bonus ONLY if they stay for 1 year. WHile obviously they would not be able to complete the year due to the cessation of business in whole, it is not within the discretion of the employee to determine how much less than a year they will stay and retain the bonus. Remember, the company was not bound to allow the employee to stay for a year but the employee was bound to stay for a year.


so you really think they would sue in small claims court? Highly unlikely. If they are going to bring a lawyer in, even if the company can be represented by counsel in small claims, since it costs the same for the company to pay a lawyer to sue in small claims or general civil court, they are going to go where it best benefits them and that is in the superior court. It's a game played every day.

And whose fault was it that the OP wasn't able to stay in his postion for the year agreed upon? Since the employer stuck a wrench in the agreement by eliminating the OP's position, that part of the agreement remaining (that has already been acted upon) should be honored by the employer, thus, allowing the OP to keep the 1000 portion of the bonus for being in the position for 90 days (as agreed upon)!

 

[I'mTheFather]

And whose fault was it that the OP wasn't able to stay in his postion for the year agreed upon? Since the employer stuck a wrench in the agreement by eliminating the OP's position, that part of the agreement remaining (that has already been acted upon) should be honored by the employer, thus, allowing the OP to keep the 1000 portion of the bonus for being in the position for 90 days (as agreed upon)!

Oh, pshaw! They hadn't eliminated his job when he quit.

I wonder what OP's timeline was? How long before the layoff? When did he quit?

 

[Nellibelle]

Without reading the agreement, this would be my assessment:

If the OP had stayed with the employer until the job was eliminated and he was told not to come back the next day, he would not owe anything back. By choosing his own date and time to leave, instead of seeing things through to the end, he does.

However, no one who has not read the agreement directly and in full, can say for certain.

This is why I believe the OP ISN'T entitled to the whole bonus! The agreement does seem to imply that the OP would have an opportunity to perform the terms of the agreement, however, the employer eliminated the postion, which didn't allow the OP to fullfil the terms of the agreement. The OP DID perform the required portion of the agreement in which to receive payment of the 1000 portion of the bonus, so he should be able to keep that portion. However, since he left the job before the last day before elimination, he should not rightfully be eligible for any further bonus payment.

Had the OP continued until the last day available before job elimination, he would probably have reason to litigate a Breach of Contract against his former employer to recover the remaining portion of the bonus.

 

[justalayman]

And whose fault was it that the OP wasn't able to stay in his postion for the year agreed upon? Since the employer stuck a wrench in the agreement by eliminating the OP's position, that part of the agreement remaining (that has already been acted upon) should be honored by the employer, thus,

Sorry nellibelle but it isn't even worth trying with you. You do not get to pull out part of the agreement and act based on that one section. You must read the agreement in whole.

 

[justalayman]

Had the OP continued until the last day available before job elimination, he would probably have reason to litigate a Breach of Contract against his former employer to recover the remaining portion of the bonus.

believe it or not I think you are onto something. I think it was the result of the doctrine of: if you throw enough stones, one of them is likely to hit your intended target, even if you have absolutely no control over where you are throwing the stones, but anyway:

if he had remained employed beyond the 180 days I would agree that he would have a valid argument for the second payment of the retention bonus. He might even have an argument for a portion of the payment if he stayed beyond the 90 days but was laid off before the 180th day but alas, he chose to quit which is what is called in layman's parlance; shooting yourself in the foot.

 

[people_eater]

Oh, pshaw! They hadn't eliminated his job when he quit.

I wonder what OP's timeline was? How long before the layoff? When did he quit?

I was told of the layoff on one of the last days of April, and my last day with the company was June 10, the location is closing at the end of July.

I feel as if they are not honoring their end of the deal, they cancelled my employment prior to me getting a chance to completely fulfill the agreement. Of course I am going to find new work if I am being told I will be laid-off. They even told us that they would work with us if we had job interviews to go to.

The $750 would put a true financial strain on me. I am not at a point in my life where I have a well-paying job. Basically any money I have is already accounted for.

I don't have any of the paperwork (at my current address) from when I was originally hired, but it is at my folks place and I will get it soon.

 

[justalayman]

I feel as if they are not honoring their end of the deal, they cancelled my employment prior to me getting a chance to completely fulfill the agreement.

from what you have posted, their end of the deal was to give you $2000 if you did not quit before a year of employment. You did quit before a year expired. You have said nothing about the agreement requiring they employ you for a year or more.

 

[xylene]

Thought experiment time: RE the 1 year employment as part of the value consideration of the contract...

What would your thinking be if the employer had declared they weren't going to pay the second installment of the bonus, for "financial reasons" or whatever?

Would someone have a right to get a new job with facing clawback?

 

[justalayman]

Thought experiment time: RE the 1 year employment as part of the value consideration of the contract...

What would your thinking be if the employer had declared they weren't going to pay the second installment of the bonus, for "financial reasons" or whatever?

Would someone have a right to get a new job with facing clawback?

no, they would not. Their remedy would be to demand payment of the bonus and if refused, seek redress through the courts. The breach is curable by paying the second installment.

 

[LdiJ]

I still wouldn't pay the employer a penny back. I would let them sue me if they really feel that strongly about it.