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  #1  
Old 11-13-2006, 02:28 PM
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Reduction of promised (in writing) bonus pay.


What is the name of your state? Colorado

My empoyer started a bonus program - the structure of the bonus (how it would be calculated) was e-mailed out to the three employees in the department. The e-mail started:

"Trial Collection Bonus Program

The following guidelines will be used through November 30 as an initial approach to a bonus system..." (emphasis added)

On October 15th, when September bonuses were paid, they decided to change the structure dramatically, drasticly reducing the compensation. They called a last-minute meeting at the end of a Friday where my boss' boss told the three of us that if we weren't happy we should quit and find somewhere else to work, he had changed his mind about the pay, and if we didn't like it we could just sign the resignation forms he had already filled out with our names, etc. He said he hoped we didn't quit, but if he didn't see us the following Monday he understood.

Is the employer bound by what was stated in the e-mail (e-mail attachment as word document if it matters)? I was figuring it was some sort of contract since it was a written and since it included the end date of the trial.

Thanks to anyone who can help.

Last edited by groundedhere; 11-13-2006 at 02:30 PM. Reason: tweaked phrasing of last sentence.
  #2  
Old 11-13-2006, 02:40 PM
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Yes, he is bond by the email. He is bound by the portion that says "TRIAL".
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  #3  
Old 11-13-2006, 02:48 PM
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Originally Posted by moburkes View Post
Yes, he is bond by the email. He is bound by the portion that says "TRIAL".
Bound by the word trial?

Meaning that they have to follow through with the terms of the trial? Any ideas of what laws or legal documentation I might need to take to my boss to show that they are bound by it?
  #4  
Old 11-13-2006, 02:53 PM
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He tried it, it didn't work, he stopped it.
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  #5  
Old 11-13-2006, 03:43 PM
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Originally Posted by moburkes View Post
He tried it, it didn't work, he stopped it.
That is partially correct; He never followed through with the terms of the written agreement, which included that the trial was through November 30th- he stopped it 2 months before he said he would (see original post), breaking the terms of the agreement - is he bound by the original agreement? This was my originial question. I apologize if I was not clear.

This seems simlar to giving a product for a free 3 month trial of a product, then changing your mind and charging the customer in full the following day (you try it, it doesn't work for you, you stop it).

My understanding is that you are required to follow through on a written agreement. Isn't this the case? Or is one always free to change the terms of a written agreement? My legal knowledge isn't extensive (hence why I'm posting here), but I did think there was something in the law about following through on written agreements.

Thanks for any assistance.
  #6  
Old 11-13-2006, 03:45 PM
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Did any of you sign the agreement?
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Old 11-13-2006, 03:53 PM
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Originally Posted by groundedhere View Post
That is partially correct; He never followed through with the terms of the written agreement, which included that the trial was through November 30th- he stopped it 2 months before he said he would (see original post), breaking the terms of the agreement - is he bound by the original agreement? This was my originial question. I apologize if I was not clear.

This seems simlar to giving a product for a free 3 month trial of a product, then changing your mind and charging the customer in full the following day (you try it, it doesn't work for you, you stop it).

My understanding is that you are required to follow through on a written agreement. Isn't this the case? Or is one always free to change the terms of a written agreement? My legal knowledge isn't extensive (hence why I'm posting here), but I did think there was something in the law about following through on written agreements.

Thanks for any assistance.
there is no agreement here. you did not agree to anything, nor did he. He simply set out a trial bonus program that did not work.
  #8  
Old 11-13-2006, 04:11 PM
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Originally Posted by fairisfair View Post
there is no agreement here. you did not agree to anything, nor did he. He simply set out a trial bonus program that did not work.
Thank you for the reply. So this is not a legal agreement as it isn't signed by all parties? If then, it is just a written statement of how the employees will be compensated, the author is not bound to follow through with what was stated?

Or is it that if you preface a statement with the word "trial" everything including the terms of the trial are meaningless?

Thank you.
  #9  
Old 11-13-2006, 04:14 PM
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It's not a contract, especially since it was not signed by all parties.
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  #10  
Old 11-13-2006, 08:06 PM
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The only thing he is bound to do is pay you minimum wage.
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