Late payment of salary, and no payout for bonus- help please!

[help12345]

Hi Everyone,

I am looking for some advice on my current situation. I live in the state of NJ.

To give you the full history:
- Hired in May 2012. At the time, they couldn't offer me the salary I requested, so we negotiated and agreed to special bonus terms (above and beyond the company's standard bonus)
- This was outlined in my employment contract and was to be paid in March 2013
- In March 2013, I was told that I would be receiving my full bonus - this was also provided to me in writing.
- March came and went. I didn't receive my bonus payout.
- I was then promised the payout in June, August, September, and now it is 12/4/2013 and I haven't received my bonus payout for work done in 2012.
- Now, the company is tight on cash for payroll, and I was supposed to be paid 11/29. 2 other employees and myself were notified that we would not receive our 11/29/13 payroll until today 12/4/2013, due to cash flow issues. However, it has still not hit my account.

At this point, I am super frustrated and don't know what to do. I keep asking about my bonus, but am given no information and it doesn't seem likely that I will even receive this. I am not a bank, and my bonus is pretty significant (it will cover a year of mortgage payments), so I really need to figure out a way to get this.

Does anyone have experience with a similar situation and is there anything I can do about this, while still employed at the company?

I appreciate any and all advice you can provide.

Thank you

 

[Ohiogal]

Hi Everyone,

I am looking for some advice on my current situation. I live in the state of NJ.

To give you the full history:
- Hired in May 2012. At the time, they couldn't offer me the salary I requested, so we negotiated and agreed to special bonus terms (above and beyond the company's standard bonus)
- This was outlined in my employment contract and was to be paid in March 2013
- In March 2013, I was told that I would be receiving my full bonus - this was also provided to me in writing.
- March came and went. I didn't receive my bonus payout.
- I was then promised the payout in June, August, September, and now it is 12/4/2013 and I haven't received my bonus payout for work done in 2012.
- Now, the company is tight on cash for payroll, and I was supposed to be paid 11/29. 2 other employees and myself were notified that we would not receive our 11/29/13 payroll until today 12/4/2013, due to cash flow issues. However, it has still not hit my account.

At this point, I am super frustrated and don't know what to do. I keep asking about my bonus, but am given no information and it doesn't seem likely that I will even receive this. I am not a bank, and my bonus is pretty significant (it will cover a year of mortgage payments), so I really need to figure out a way to get this.

Does anyone have experience with a similar situation and is there anything I can do about this, while still employed at the company?

I appreciate any and all advice you can provide.

Thank you

Look for another job. If you sue, you will be fired. If the company can't pay your salary, you are not going to get a bonus. If they declare bankruptcy you won't get anything.

 

[Proserpina]

Hi Everyone,

I am looking for some advice on my current situation. I live in the state of NJ.

To give you the full history:
- Hired in May 2012. At the time, they couldn't offer me the salary I requested, so we negotiated and agreed to special bonus terms (above and beyond the company's standard bonus)
- This was outlined in my employment contract and was to be paid in March 2013
- In March 2013, I was told that I would be receiving my full bonus - this was also provided to me in writing.
- March came and went. I didn't receive my bonus payout.
- I was then promised the payout in June, August, September, and now it is 12/4/2013 and I haven't received my bonus payout for work done in 2012.
- Now, the company is tight on cash for payroll, and I was supposed to be paid 11/29. 2 other employees and myself were notified that we would not receive our 11/29/13 payroll until today 12/4/2013, due to cash flow issues. However, it has still not hit my account.

At this point, I am super frustrated and don't know what to do. I keep asking about my bonus, but am given no information and it doesn't seem likely that I will even receive this. I am not a bank, and my bonus is pretty significant (it will cover a year of mortgage payments), so I really need to figure out a way to get this.

Does anyone have experience with a similar situation and is there anything I can do about this, while still employed at the company?

I appreciate any and all advice you can provide.

Thank you

I think you need to take your original contract to a local attorney; you need to find out whether what you have is actually a contract and if so is the bonus enforceable.

 

[help12345]

Thank you both.

I am looking for a new job, but do not have one yet.

As for the employment contract... I have not worked with a lawyer, other than a real estate lawyer. I assume there would be a fee for their advice. Is this typically an hourly rate?

 

[swalsh411]

Usually, but the writing is on the wall if they can't make payroll.