Legal Question in Employment Law in Massachusetts

I have very pertinent legal question and was hoping you could point me in the right direction. I am currently pursuing new jobs, wanted to know what I options are if receive an offer. At my current job I will receive a bonus for Q1 2011 soon after the quarter completes (3/31/11). From my perspective if I complete the quarter I feel I have earned that bonus. However, I am worried even if I do work through 3/31, I may still need to work another 2+ weeks to ensure the check has cleared.

My question is will I be in any legal position to negotiate that I be paid this if bonus if I do not have legal contract guaranteeing it? FYI: These bonuses have been paid department-wide for years to the best of my knowledge.

Is this a situation where you feel I would be wise to contact a lawyer in advance for a consultation?


Asked on 3/15/11, 7:27 pm

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

If the employer explicitly agreed to pay you the "bonus", then it would have to pay you if you worked through 3/31. However, I doubt that this is the case. The word "bonus" suggests that it is discretionary. I would carefully read everything provided by the employer respecting the bonus. Only if the documents clearly state that the employer is obligated to pay the "bonus" if you work through 3/31 would I assume you are entitled to it. Again, I doubt this is the case. My suggestion is stay employed there until you are paid the bonus.

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Answered on 3/16/11, 5:47 am


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