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

[DonnieBuckeye]

Thats not accurat3e, different employees have different structure and mine seems to be worded differently than all others.

 

[quincy]

It sounds like an employment law attorney was not involved in the drafting of the contract - or, if an attorney was involved, s/he was not very skilled in drafting contracts.

 

[zddoodah]

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.

The contract says what it says. What the HR rep said he/she thought it meant isn't meaningful.

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?

As I wrote previously, my interpretation of the language is that the budget being given at all is discretionary but, if it is given, it will be between $25-50k. In other words, you could get no bonus or you could get a bonus between $25-50k.

 

[quincy]

... As I wrote previously, my interpretation of the language is that the budget being given at all is discretionary but, if it is given, it will be between $25-50k. In other words, you could get no bonus or you could get a bonus between $25-50k.

One would not be entitled to no bonus or a $0 bonus.

The poor wording of contracts has tripped up employers many times in the past.

 

[adjusterjack]

"Discretionary" describes the bonus, regardless of what you were "told."

Or am I just out of luck with this?

Why do you ask?

Is your employer telling you "No bonus."

 

[not2cleverRed]

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?

Maybe they assumed that they were hiring a better employee than you turned out to be.

Thats not accurat3e, different employees have different structure and mine seems to be worded differently than all others.

Maybe they're gradually learning from past mistakes.

What I have observed is that usually people who post here with such complaints expound on what a model employee they have been, how productive they have been, yada yada. They'll then go on about how unfair it is that Susie Q. Shortskirt or Dwayne Brownnose do half as much work, but are shown favoritism.

You're focusing on "entitled".

I find that telling.

Are you entitled to continued employment as well? Why?

 

[DonnieBuckeye]

Maybe they assumed that they were hiring a better employee than you turned out to be.



Maybe they're gradually learning from past mistakes.

What I have observed is that usually people who post here with such complaints expound on what a model employee they have been, how productive they have been, yada yada. They'll then go on about how unfair it is that Susie Q. Shortskirt or Dwayne Brownnose do half as much work, but are shown favoritism.

You're focusing on "entitled".

I find that telling.

Are you entitled to continued employment as well? Why?

Entitled is the wording they chose to use, so yes I most definitely will focus on it .. The pure definition of the word "entitled" and the way it was used in this statement favors my argument. And in no way was this a complaint, it was the start of a process to find out if I should pursue, isn't that kinda what a free advice forum is about?

 

[quincy]

Entitled is the wording they chose to use, so yes I most definitely will focus on it .. The pure definition of the word "entitled" and the way it was used in this statement favors my argument. And in no way was this a complaint, it was the start of a process to find out if I should pursue, isn't that kinda what a free advice forum is about?

Entitled means having a right to certain benefits or privileges. I think entitled was the wrong word for your employer to use for a discretionary bonus. Others are reading your contract differently.

But regardless of how any one of us is interpreting the meaning - because our interpretations don’t really matter - what do you want to do about it? Confront your employer, quit your job, something else?

I recommend you speak with an employment law attorney in your area before doing anything drastic that you might later regret.

 

[DonnieBuckeye]

Entitled means having a right to certain benefits or privileges. I think entitled was the wrong word for your employer to use for a discretionary bonus. Others are reading your contract differently.

But regardless of how any one of us is interpreting the meaning - because our interpretations don’t really matter - what do you want to do about it? Confront your employer, quit your job, something else?

I recommend you speak with an employment law attorney in your area before doing anything drastic that you might later regret.

Agreed Quincy.

I spoke with an attorney whose expertise isn't labor law, she advised me that for that amount its worth the $250 consult and hear what they have to say. She sided with what we are agreeing on, that its poorly worded and written even worse. And that a judge could very well side with me..

 

[DonnieBuckeye]

Something like this, in my opinion would be settled rather quickly, no reason for it to escalate.

 

[quincy]

Agreed Quincy.

I spoke with an attorney whose expertise isn't labor law, she advised me that for that amount its worth the $250 consult and hear what they have to say. She sided with what we are agreeing on, that its poorly worded and written even worse. And that a judge could very well side with me..

I am happy that you spoke with a local attorney and are considering making an appointment to consult with another.

Good luck.

 

[doucar]

Something like this, in my opinion would be settled rather quickly, no reason for it to escalate.
That along with its the principle of the thing we have heard over and over again as litigation looms.
Good Luck.

 

[adjusterjack]

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.

You would be wrong.

Assuming that you even have a contract (as opposed to just a confirmation letter) , there should be two signatures on it. Yours, and the person who hired you and handed you the contract. That's who you should be getting clarification from.

OTOH, you still haven't answered my question.

Is somebody telling you that you aren't getting a bonus or that it's less than $25,000?