Employer not going to pay commission earned in Q42018 if I leave before the pay date in late Feb

[1982crew]

Is it legal for my employer to not pay for a bonus that was earned in Q42018 if I leave the company in January of 2019? The bonus pay is scheduled to occur the last week of February.

 

[FlyingRon]

1. We need to know what state this took place in.
2. We need to know if it was commissions on sales or some performance bonus.
3. On what terms was the expectation of the bonus made?

 

[1982crew]

1) Utah
2) There is about $7000 of it that is a commission on sales and another $1000 performance
3) This one I'm not sure what you mean? The bonus is for activities during the months of October through the end of 2018 and the conditions include any performance improvement plans or disciplinary action, but the plan document doesn't mention what happens upon leaving the company to my knowledge.

Thanks!

 

[xylene]

Have you already disclosed you are leaving or left already?

Is this bonus not being paying a policy (written or otherwise)

OR did they tell you this after you told them of you intention to leave or already left?

Have you received quarterly bonuses before and how where they treated?

 

[1982crew]

I have not disclosed I'm leaving yet, nor am I sure that I will. But I may have another opportunity that is a huge step and I will want to take it.

I cannot find any policy and my manager and others I work with are unaware of a written policy. Just hearsay.

I've received quarterly bonuses for years and they have always been paid on the schedule they were set, however they have continued to extend the gap between end of quarter and pay date.

Does that help?

 

[xylene]

I'm not sure they can not pay earned commishion. With 7000 on the line, talk to a local lawyer.

 

[xylene]

Also, you don't KNOW (no policy and have not been told) the pay will be withheld. I can see them trying. But no policy does not favor them

 

[cbg]

Just so you know, such policies HAVE held up as being legal in a number of states. I have no specific information regarding Utah, but they are not inherently illegal. Details matter; the exact wording of the policy matters. Consult local counsel.