Thinking of quitting; will I get my bonus?

[mikeya]

I work in Illinois, and am thinking of leaving my current job. The only problem right now is, I have a bonus due from fiscal 2001 (ended 31-Dec-2001) and I don't want to leave without knowing that I will receive it.

The company is not the most ethical, and I have a high level of confidence that they would try to NOT pay me the bonus. (And I can't really ask them, "If I quit, will you still pay me my bonus?")

My bonus document (signed by a VP, the COO, and the HR Director) states in pertinent part, "...contingent upon you remaining employed...continuously through December 31, 2001."

Given the document I have, do you think: a) the company will pay me if I leave before the bonus is paid; b) I would have to sue to get the bonus; c) if I sued, would I win?

 

[cbg]

There's no way for any of us to know answer your questions. You have quoted one line out of the document; we don't know what the rest of the document says; we don't know if it's a binding document; we don't know what their past practices have been, and while I don't know about anyone else, my crystal ball is out for cleaning.

 

[Beth3]

What you certainly can do though is inquire when the 2001 bonuses are going to be paid. This is mid-May after all and such a question would not be inappropriate.

If you can get a definite answer, then you can make plans accordingly. Your safest and least expensive option is to wait until the bonus is paid to resign.

 

[mikeya]

Thanks to both respondents. To clarify a bit, I only listed the 1 sentence, b/c the rest is basically a list of goals, and the dollar amount associated to meeting each goal. To me, the pivotal statement is the "...employed...through December 31, 2001." My boss has verbally indicated several times that "everyone" on a bonus plan will get "about" 80% of the maximum amount shown in their plan (regardless of how well the goals were actually met).

Also, I have had several conversations about when the bonus will be paid -- the problem is, the date keeps slipping. It was originally end-March or mid-April, now here we are in mid-May and the last thing I was told was 30 - 45 days (or longer) from now. I understand the easiest way to go is to wait it out, but I'm not sure how long I can wait!

If push comes to shove, who's got a stronger case -- me or the company?

Thanks again...

 

[cbg]

Without knowing whether or not the state will consider the document you have binding, there is no way for us to give you a definite answer. If this is a discretionary bonus, they don't have to pay it at all. If this is a deferred comp bonus, they probably do. But there is just no way for us to say definitely.

Have you tried calling the Illinois Wage and Hour division? They should be able to give you an idea how your state has viewed this kind of question in the past.

 

[mikeya]

Thanks again for the response...I will try the IL wage & hour division as you suggested.

As far as, "Is the document binding?" All I can say is that it is signed by the COO of the company, a Vice President, the HR Director, and by me. Seems to me that it should be binding...

 

[cbg]

That's not what I mean by binding. I'm talking about more the type of bonus we're talking about. Some forms, once promised, they absolutely must pay out regardless. Other forms of bonus, they can reneg on. The terms of the document will indicate which form this is. It's more than just a signature.

Morally and ethically, you are absolutely right. Legally is not always the same.

 

[mikeya]

Just tried e-mailing you (CBG) from this website, but it is disabled. If you are willing to review the document (1 page), I can scan it and e-mail to you as an Adobe PDF file; if not, I totally understand. My e-mail is [email protected] if you want to e-mail me privately with your e-address. Either way, thanks again for all your help!