Legal Question in Employment Law in Texas

Re: christmas bonus employee quits

I am also licensed in TX, and I would be happy to answer your question. If your employer provides an employee handbook, whatever the handbook says about how the bonus is earned will be the rule the employer must follow. I assume you do not have an employment contract.

If an employee quits or leaves voluntarily, the employer must pay all wages due on the next regular payday. If you do not receive your full bonus, you may file a claim with the Texas Workforce Commission. The procedures for doing this cvan be found on their web site: http://www.twc.state.tx.us/ui/lablaw/lablaw.html

You should file your claim as soon as possible after your payday. If you wait too long, yoou will not be able to file a claim. You must file it no more than 180 days after your payday.

Generally, an employer has no obligation to pay a Christmas bonus absent a promise to pay one. If you don't have an employee handbook or a written contract, or if the employee handbook is not clear about this issue, you can always use evidence of a verbal promise or evidence of custom or practice (what has been done in the past with employees in a similar situation) when you make a claim against your employer.