You will be entitled to a bonus of $25,000 - $50,000. Need Help

[DonnieBuckeye]

What is the name of your state // Florida

My contract states the following.

Let me begin this with I clarified the minimum Bonus I would receive is $25,000, in which I was verbally told yes...

This is the exact wording from said contract.

You will be entitled to a bonus of $25000 - $50000 which is discretionary determined by management and will be based on company criteria determined at a later time.

After being told $25,000 is the minimum, I read this as the the Bonus is in fact entitled, and the amount is discretionary...

Or am I just out of luck with this?

 

[Zigner]

Nope, the bonus is discretionary.

 

[quincy]

What is the name of your state // Florida

My contract states the following.

Let me begin this with I clarified the minimum Bonus I would receive is $25,000, in which I was verbally told yes...

This is the exact wording from said contract.

You will be entitled to a bonus of $25000 - $50000 which is discretionary determined by management and will be based on company criteria determined at a later time.

After being told $25,000 is the minimum, I read this as the the Bonus is in fact entitled, and the amount is discretionary...

Or am I just out of luck with this?

It can be read either way - that the bonus itself is discretionary or that the amount of the bonus is discretionary - but logic says that it is the bonus that is discretionary.

 

[DonnieBuckeye]

To me its very loosely written, now I don't know where that would stand in a real legal filing, but it seems the best solution is to find a more honest employer..

thanks for your responses.

 

[zddoodah]

My contract states the following.

Let me begin this with I clarified the minimum Bonus I would receive is $25,000, in which I was verbally told yes...

Your contract says, "Let me begin this with I clarified...."?

You will be entitled to a bonus of $25000 - $50000 which is discretionary determined by management and will be based on company criteria determined at a later time.

That says the bonus is entirely discretionary, except that, if a bonus is paid, it will between $25-50k.

I suggest you take this contract to a local employment law attorney for review and advice.

 

[DonnieBuckeye]

Your contract says, "Let me begin this with I clarified...."?



That says the bonus is entirely discretionary, except that, if a bonus is paid, it will between $25-50k.

I suggest you take this contract to a local employment law attorney for review and advice.

Before I stated what the contract says, I meant I asked HR that exact question after reading it, and was verbally told yes. minimum 25k..

so I then signed and sent over


the contract reads the following...

You will be entitled to a bonus of $25000 - $50000 which is discretionary determined by management and will be based on company criteria determined at a later time.

 

[quincy]

To me its very loosely written, now I don't know where that would stand in a real legal filing, but it seems the best solution is to find a more honest employer..

thanks for your responses.

When a clause in a contract is ambiguous in meaning, it is generally the one who created the contract whose interpretation loses out.

The “will be entitled” would be better written as “could be entitled,” although even the word “entitled” seems a poor choice.

If you were denied a bonus, you potentially could challenge the contract - but finding a new employer is probably best and cheapest in the long run. There is no guarantee that you’d be a victor and receive a bonus.

 

[PayrollHRGuy]

First off, HR aren't lawyers. And they certainly aren't your lawyer.

 

[DonnieBuckeye]

First off, HR aren't lawyers. And they certainly aren't your lawyer.

I don't disagree with you, but a question was asked, and the company answered. I put faith in question that are HR related answered by director of HR, considering the size of this company assets, one would think that person is qualified to answer a question that originated via her office.

 

[DonnieBuckeye]

When a clause in a contract is ambiguous in meaning, it is generally the one who created the contract whose interpretation loses out.

The “will be entitled” would be better written as “could be entitled,” although even the word “entitled” seems a poor choice.

If you were denied a bonus, you potentially could challenge the contract - but finding a new employer is probably best and cheapest in the long run. There is no guarantee that you’d be a victor and receive a bonus.

That statement is where its loosely written and poorly written to your point. May be entitled, could be entitled seem more fitting, saying YOU WILL BE entitled its cloudy.

 

[quincy]

It appears that the HR person interpreted the contract as you did. There is ambiguity in the wording that allows for the alternate meaning.

Although I doubt that your employer will simply pay you $25,000 based on your reading of the contract if your work for the employer does not otherwise justify a bonus, you could have the contract and the facts personally reviewed by an employment law attorney in your area to see if the attorney believes you are in a good position to ask for the bonus.

 

[DonnieBuckeye]

What throws me off is if it wasn't entitled to and is truly discretionary... Why wouldn't it read $0 - $50k instead of $25k - $50k?

 

[not2cleverRed]

You will be entitled to a bonus of $25000 - $50000 which is discretionary determined by management and will be based on company criteria determined at a later time.

After being told $25,000 is the minimum, I read this as the the Bonus is in fact entitled, and the amount is discretionary...

Or am I just out of luck with this?

Would this "criteria" include a performance review? If so, how positive was yours?

Would this "criteria" be contingent on the employer having a profitable year? Was it?

Note: the company criteria being determined at a later time is their escape hatch.

 

[quincy]

What throws me off is if it wasn't entitled to and is truly discretionary... Why wouldn't it read $0 - $50k instead of $25k - $50k?

I agree that giving the range within which the amount of a bonus could fall lends support to the interpretation that a bonus of some size will be forthcoming.

 

[Zigner]

What throws me off is if it wasn't entitled to and is truly discretionary... Why wouldn't it read $0 - $50k instead of $25k - $50k?

Because maybe their position is that if they decide to give bonuses, they will be from $25,000 to $50,000