Legal Question in Employment Law in Maryland
Quick question for you. I work as a doctor. I signed a contract with my employer that stated that I would receive $2.00 per patient for every patient that I see. She described this as an incentive bonus. Unfortunately, I had to resign 9 months into my second year of employment. My employer will not pay me the bonus for my second year. I thought that this bonus was considered non-descretionary and she would have to pay this regardless. I understand that I can receive up to three times the amount I am owed as well as attorney fees payed based upon the Maryland Wage and Commision Act. If I accomplished my job for the patients that I have seen how does the bona fide portion apply to the case if this is a non-discretionary bonus. Can you help me with an answer?
1 Answer from Attorneys
Hello and thanks for your post. Unfortunately an attorney cannot adequately answer your question without reviewing the contract at issue (much like a doctor cannot generally diagnose without an examination). Among other things the contract will likely have default provisions that may affect your entitlement to pay.
Note that the statutory provision for treble damages applies in the absence of a bona fide dispute -- it is not clear from your post whether the employer had some reasonable basis for considering the bonus fee unearned and/or forfeited.
You may want to consult with an attorney in this area to review your contract and determine your options. While this post is not a substitute for legal advice, I do hope it helps.